Form PA15, the intermeddling rule, power reserved, what happens when all executors renounce, and how to protect yourself before you decide.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 8 min.
Treat PA15 as a permanent step. GOV.UK says the form gives up your legal responsibility and role permanently. If the completed form has not yet been used in the probate application, get legal advice immediately before anyone files or relies on it.
No. Renouncing as executor has no effect on your entitlement as a beneficiary. If you are named in the will as a beneficiary, you still inherit your share regardless of whether you act as executor.
Arranging and paying for the funeral is generally considered a personal obligation rather than an executor act, and most courts would not treat it as intermeddling. However, if you paid from estate funds (rather than your own money with a view to reimbursement), this is less clear-cut. Take legal advice before signing Form PA15 if you have already paid estate expenses.
No. No one can compel you to accept the role of executor. Beneficiaries can apply to the court to remove an executor who is acting improperly, but they cannot force someone who has not yet accepted the role to do so.
If you renounce and there is no one willing to apply for Letters of Administration with Will Annexed, the court can appoint an administrator — including a professional administrator. In practice, this situation is rare. If you are concerned, speak to a probate solicitor before renouncing.
No. Scottish law is different. In Scotland, executors are called 'executors-dative' (appointed by the court) or 'executors-nominate' (appointed by the will). The process for declining the role is different and does not use Form PA15. Contact a Scottish solicitor for advice.