Renunciation of Power (Personal Representatives)- FS Flashcards
(10 cards)
What does it mean when an executor “renounces” their appointment?
It means they formally decline to act as executor of the estate, ending all rights and obligations associated with the role.
Can a person be compelled to act as a personal representative under intestacy or a will?
No — acting as a personal representative (executor or administrator) is entirely voluntary.
When is an executor no longer allowed to renounce their appointment?
Once they have intermeddled with the estate, they are treated as having accepted the role and cannot renounce.
What is “intermeddling” in the context of estate administration?
Performing any task typical of an executor, such as notifying banks or dealing with property or assets.
Example: Informing a bank of the deceased’s death counts as intermeddling.
What is the proper process for an executor to renounce their appointment?
Complete and sign Form PA-15, witnessed by an independent person, and file it at the probate registry.
Can a person who has renounced as an executor still act as trustee under the will?
Yes — unless they also disclaim the trusteeship, they remain a trustee.
What happens if someone renounces executorship after intermeddling?
The renunciation is invalid, and they must carry out their duties as executor.
Example: A friend of the deceased notifies the bank, then tries to renounce—this will be rejected due to intermeddling.
Can an administrator (under intestacy) renounce their appointment in the same way as an executor?
Yes — administrators can also renounce using the same procedure.
What lesson can be drawn about timing in executor renunciation?
An executor must renounce before taking any estate-related action — even minor involvement counts as acceptance.
Why must renunciation as executor occur before any involvement with the deceased’s estate?
Because any act of intermeddling — even minor — is treated as acceptance of the role, making formal renunciation no longer possible.
