Ask the Experts: Can I ask Public Trust to step down as executor?
You might be wondering can you ask Public Trust to step down as executor? This article has helpful information.
When a loved one dies, it is natural to have questions about the decisions they made and how their estate will be administered. Sometimes, family members wonder whether the person or organisation named as executor is the best fit for loved ones left behind.
One question we sometimes get asked is whether an executor can step aside from their role after a person has died. While this is possible in some circumstances, there are important legal considerations.
Renunciation is the legal process by which an executor, which could be a family member or friend, lawyer or trustee organisation like Public Trust named in the person’s will, decides not to administer an estate. While renunciation can occur in some circumstances, it does not happen automatically because someone would prefer a different person or organisation to act.
An executor is appointed by the person who made the will and has a legal responsibility to carry out their wishes and administer the estate according to the law. When someone appoints Public Trust as executor, they have made a considered decision about who they want to administer their estate after they die. We have a responsibility to respect the wishes they set out in their will. Our role is to help carry out those wishes and administer the estate according to the law, helping provide clarity and certainty at what can be a difficult time for families.
Asking Public Trust to step down as executor does not automatically mean we will be removed or replaced. You can ask Public Trust to consider stepping down as executor, but you cannot require us to do so simply because you would prefer someone else to act.
Public Trust can renounce its role in some circumstances, but every estate is different and any decision must be considered on a case-by-case basis. This often involves complex legal and estate administration considerations.
Family members or beneficiaries may choose to challenge Public Trust’s appointment as executor. A High Court application would usually be required and the family would have to make clear to the court the grounds for which they are seeking our removal. Reasons for applications would generally need to demonstrate evidence of failure to act, evidence of a breach of executor duty or evidence of Public Trust being unfit to act. This can be a lengthy, costly and emotionally demanding process at a time when families are already dealing with the loss of a loved one. It may also delay the administration of the estate while things are being resolved.
Timing can also be important. Once an executor has accepted the role and begun administering an estate, it may no longer be possible for them to renounce their appointment. Executors take on legal responsibilities when they start acting on behalf of the estate, which can affect the options available.
We know that dealing with an estate can be an emotional and uncertain time. Public Trust’s focus is on providing clarity, care and expertise, helping families navigate the process with confidence while helping ensure the will-maker’s intentions are respected.
At the start, we give beneficiaries a clear plan outlining the steps we’ll take, and an estimate of the time and costs involved. The estate will be administered by specialists, supported by New Zealand-based lawyers, accountants and investment advisors to help ensure the will-maker’s wishes are followed.
The best way to help ensure your wishes are carried out after your death is to keep your will up to date. We encourage everyone to review their will, including who they have named executor, every 3-5 years or when life changes. Relationships, family circumstances and personal priorities can change significantly over time. Regularly reviewing your will helps ensure it continues to reflect your wishes and the people you trust to carry them out, giving you confidence your estate will be administered in the way you wish.