Can I refuse to be an executor in Nova Scotia if I was named in a will?
This answer covers the law of Nova Scotia.
Yes. An executor renounces by completing Form 12 or another method satisfactory to the registrar, and the regulations set no deadline for renouncing. Being named in a will does not by itself force you to act.
The important exception is that an executor who has already acted in the estate may be treated differently, so confirm with the registrar before taking any step. If you do nothing, someone wanting to force a named executor to accept or refuse the office may apply to court by citation, but not until at least 20 days after the testator's death unless the court finds circumstances warrant earlier. An application for a grant of probate must be accompanied by any required renunciations.
If no executor is left to act, the estate may need a grant of administration with will annexed, which uses Form 10 (or 10A). Before you decide, it helps to know that an executor may be allowed a commission, set by the court, for the work involved. A lawyer can confirm how renouncing applies to your situation.
Key takeaways
- You renounce by completing Form 12 or another method satisfactory to the registrar.
- The regulations set no deadline, but an executor who has already acted may be treated differently.
- Someone can apply to court by citation to force a named executor to accept or refuse, generally not before 20 days after the death.
- Any required renunciations accompany the application for a grant of probate.