What if an executor cannot or does not want to act?

Power reserved

Where another executor is applying, it may be possible to reserve your right to apply later. HMCTS calls this power reserved. The applying executor must be told in writing. It is different from giving up the right permanently.

Renouncing the right to probate

PA15 is the official form for giving up the right to apply. Read its declarations before signing and obtain advice if you have already dealt with estate assets or there is a disagreement. Renunciation should not be treated as an informal change of contact person.

Death, incapacity or a missing original will

Check whether the will names a substitute executor. Where an executor cannot apply, the correct route depends on why they cannot act and who else has authority. HMCTS identifies additional evidence and forms for particular situations.

If the original will is missing, PA13 may support an application, but a copy is not automatically a substitute for the original. Retain earlier wills and relevant correspondence and ask how the evidence should be presented.

Information a practitioner will need

Provide the will and codicils, the names of all executors, which executors are willing to apply, any steps already taken with assets and the reason someone cannot act. Explain any disagreement about who should take responsibility. This helps identify the appropriate application rather than signing the wrong form.