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