Resigning As An Executor Of An Estate


Can I resign from bing appointed as an executor of an estate?


If the testator expresses his desire to a particular individual that he should take up theposition of executor after his demise but he is not prepared to do so, then he may excuse himself from the responsibility. It is not obligatory upon him to accept such a responsibility. However, if the individual did not respond at that stage but kept silent then he has a choice of either accepting the responsibility of executorship or relinquishing and rejecting it after the demise of the testator. If he accepted the responsibility then he will have to attend to the needs of the estate.

If a person was appointed as an executor in his absence (in other words, he was not informed of the appointment by the testator in his lifetime) and only finds out about it after the testator’s demise when the Will is read out, then he has a choice of accepting or rejecting the responsibility when he is informed. 

In conclusion, one is at liberty to free himself from the responsibility as long as he hasn’t formally accepted the position of executorship.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.


(يجب) وظاهر الآية أنه فرض نهر ج  الفتاوى الهنديه ص ١٣٧ ج٦

Purpose and Scope
The information provided on this website is intended for informational and educational purposes only. Fatawa provided on this website are context-dependent, scenario-specific and are impacted by interpretations and individual circumstances.
The information provided on this website is not a substitute for an independent, scenario-specific question, and must not be used to determine or establish a ruling for any other circumstance, situation or dispute.
Accuracy and Reliability
While Darul-Ifta - Darul Uloom Azaadville strives for accuracy, errors may occur. Users are encouraged to verify information independently and notify the Darul-Ifta of any discrepancies.
We reserve the right to edit, moderate or remove any content.
No Legal Authority
Fatawa provided on this website are not legal judgments but rather religious rulings. Legal matters should be addressed through appropriate legal channels.
By using this website, users agree to these terms and conditions.