Can an executor renounce their role? Can a renunciation be withdrawn?

May 5, 2023 | Publication

While a person who makes a Will can appoint whoever as their executor, when the person dies the particular executor or executors can renounce their role. This should be done as soon as possible. There is a form which can be signed by the executor to renounce.

A renunciation may be withdrawn before it is filed. After it is filed, the leave of the Court is needed. Section 69 of the Probate and Administration Act 1898 provides that where a person renounces probate ‘the right of such person in respect of the executorship shall wholly cease’.

In The Estate of Ron Tee Lim (deceased); The Application of Kaye Lim NSWSC 322 (Hallen J) the Court explained that ‘an applicant should show that leave to retract the renunciation is for the benefit of the estate or of those interested under the deceased’s Will‘.


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