22 March 2019
Estates - Intermeddling and renunciation
Is a person named in the will as executor able to renounce even if they paid the funeral invoice and a few creditors, e.g. gas and electricity, for the deceased?
Thank you for the question.
The By Lawyers reference guide 101 Succession Answers (NSW) addresses the executor ‘intermeddling’ in the estate and the consequences for the executor seeking to renounce.
In general, if the executor has intermeddled with the estate then they may lose their right to renounce.
In Mulray v Ogilvie (1987) 9 NSWLR 1 the court found that arranging the funeral did not preclude the named executor from renouncing.
It is unlikely that the executor will be precluded from renouncing merely by attending to payment of a few bills that are due, but it will ultimately be a matter for the court to determine if necessary.
Regards
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