Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Neha Sharma, Hillsdale 2036 NSW
- Being nominated as an executor under a will does not mean you have to fulfil that role. You can renounce probate and transfer the role of an executor to a professional. In NSW you may appoint a professional trustee company such as the NSW Trustee and Guardian.
- If you intend to refuse the role then you must remember not to take any actions that suggest you have accepted the role of an executor. This includes collecting assets or paying debts.
- To renounce probate in NSW you must complete a ‘renunciation of probate’ form available from the lawlink.nsw.gov.au website. A completed form must be lodged in Equity Registry of the Supreme Court together with an application for probate.