Being an executor is a big responsibility—it’s not an easy job. They have to gather assets, handle debts, and distribute the estate properly. Because it’s such a heavy task, many people may hesitate to take on the role, even if they’ve been named in the will.
Ways to Motivate an Executor to Act
Since the role can be overwhelming, here are ways to make it more manageable:
- Let a beneficiary be the executor – Someone who stands to inherit from the estate may be more motivated to handle things properly.
- Pay the executor – We suggest allocating such an amount to encourage the Executor to act more efficiently as he/she will receive a portion from the estate.
Executor Doesn’t Want to Act?
In situations where the beneficiary is of the view that the executor has committed severe misconduct in the administration of estate, he or she can seek the removal of the executor by applying to the High Court under section 34 of the Probate and Administration Act 1959 to revoke the Grant of Probate.
To remove the executor, the beneficiary must prove there is a strong enough reason. The burden is on the beneficiary to show why the Grant of Probate should be revoked.
In fact, many executors wonder: “Can I just say no? Do I really have to do this?” The good news is—yes, you can refuse. But there are some important things to consider.
If an executor does not want or is unable to carry out their duties, they can choose to step down. This process is governed by Section 40 of the Probate and Administration Act 1959 in Malaysia, which allows an executor to file a written renunciation with the High Court, thereby relinquishing their responsibilities.
But what if they’ve already started handling the estate—like collecting assets, paying debts, or applying for probate?
Can an Executor Back Out After Starting?
Once an executor begins managing the estate, they’ve effectively accepted the role, and stepping back isn’t so simple. The law assumes that by taking action, they’ve agreed to take on the responsibility.
However, in rare cases, the court might allow it if:
- There’s a strong reason (e.g., sudden illness, conflict of interest).
- Someone else is willing to take over.
Once an executor starts handling their duties, they cannot simply quit. Under the law, they must continue unless formally removed by the court.
Strategy to Avoid Problems
To prevent delays or complications, it’s wise to name at least two executors in the will. If one can’t or won’t act, the other can step in—saving time, stress, and legal headaches.
