Executor Renunciation Form UK (PA15): How to Renounce Probate
Updated 15 May 2026 · 7 min read · England & Wales
Being named as an executor in someone's will does not mean you are obliged to act. In England and Wales, any executor who has not yet intermeddled in the estate can formally step down by completing the PA15 renunciation form and filing it with the Probate Registry. This guide explains the process, the risks of acting before you decide, and what happens to the estate afterwards.
What Is the PA15 Form?
The PA15 is the official HMCTS form for renouncing the right to obtain a grant of probate. It is sometimes called a “deed of renunciation” though strictly it is a formal declaration rather than a deed. The form requires:
- The name of the deceased and date of death
- The executor's full name and address
- A statement that the renouncing person has not intermeddled in the estate
- The executor's signature, witnessed by a solicitor or commissioner for oaths
The completed PA15 is filed at the Probate Registry — either by post or in person. It is usually filed alongside the grant of probate application by any remaining executor, or attached to a letters of administration CTA application if all executors are renouncing.
Critical: If you have already taken any step to administer the estate — paid a funeral bill from estate funds, instructed an estate agent to value the property, told a bank the account holder has died — you may have intermeddled and lost the right to renounce. Take legal advice before acting if you are unsure.
Who Can Renounce?
Any executor named in the will can renounce, provided they:
- Have not yet intermeddled in the estate (see below)
- Have mental capacity at the time of renunciation
- Are 18 or over (a minor cannot apply for probate; a separate process applies)
A sole executor who renounces cannot simply walk away if there is no other executor named. In that case, the Probate Registry will require someone with an interest in the estate to apply for administration instead.
Intermeddling: The Key Bar to Renunciation
Under the common law principle confirmed in cases including In the Goods of McAlinden, an executor who has “intermeddled” with the estate — taken any act that is consistent only with acting as executor — can no longer renounce. The courts interpret intermeddling broadly:
| Action | Intermeddling? |
|---|---|
| Paying the deceased's funeral from estate money | Yes |
| Collecting in a debt owed to the estate | Yes |
| Instructing a solicitor to apply for probate | Yes |
| Notifying a bank of the death (as executor) | Yes |
| Making funeral arrangements (as a family member, not using estate funds) | Generally no |
| Reading the will to understand what it says | No |
| Protecting urgent estate property (emergency boarding up of vacant property) | Generally no |
| Consulting a solicitor about whether to renounce | No |
Step-by-Step: Completing the PA15
- Obtain the PA15 form. Download from gov.uk/government/publications/form-pa15 or collect from your local Probate Registry.
- Complete the form. Fill in the deceased's full name, date of death, and your own details. The form asks you to confirm you have not intermeddled.
- Sign before a solicitor or commissioner for oaths. The signature must be witnessed — it cannot simply be self-witnessed. A solicitor will typically charge £10–£30 for witnessing a statutory declaration.
- File the PA15 with the Probate Registry. This is done as part of the probate application by any other executor. If all executors are renouncing, a beneficiary lodging an administration CTA application files the PA15s to evidence the circumstances.
- Retain a copy. Once filed, the renunciation is on the public probate record. Keep a copy for your own records.
Effect of Renunciation on the Estate
Once a PA15 is filed, the renouncing executor has no further involvement in administering the estate. Their rights as executor are extinguished. However:
- Power reserved: The renouncing executor does not lose the right to apply for probate in future if the court permits retraction. This is noted as “power reserved” in the grant.
- Beneficiary status unaffected: If the executor is also a beneficiary, they still inherit their legacy. Renunciation affects the administrative role only.
- Co-executors continue: Any other executors named in the will proceed to apply for probate. The renouncing executor's PA15 accompanies their application.
- No executor survives renunciation: If all executors renounce, a residuary beneficiary applies for administration CTA. Priority follows Rule 20 Non-Contentious Probate Rules 1987.
Renunciation vs Power Reserved
There is an alternative to renunciation: having power reserved. Where two or more executors are named, one can apply for probate while the other “reserves power” — they do not prove the will immediately but retain the right to apply later if the acting executor dies or cannot continue. Power reserved does not require a PA15; the non-acting executor simply is not a party to the initial grant application. Renunciation, by contrast, permanently extinguishes the right to act (subject to court retraction).
| Renunciation (PA15) | Power Reserved | |
|---|---|---|
| Formality required | Yes — signed and witnessed form | No — omit from application |
| Future right to act | Extinguished (court order to retract) | Preserved |
| Appropriate when | Executor is sure they do not want to act | Executor may need to step in later |
Frequently Asked Questions
What is the PA15 form?
PA15 is the official HMCTS form used to renounce the right to obtain a grant of probate in England and Wales. An executor completes and signs the PA15 before a solicitor or commissioner for oaths, then files it with the Probate Registry. Once filed, the renunciation is permanent unless the court allows retraction.
Can an executor change their mind after renouncing?
Renunciation is generally permanent. However, rule 37 of the Non-Contentious Probate Rules 1987 allows a renunciation to be retracted with the court's permission if the circumstances justify it — for example, if no other suitable person is available to administer the estate. The court has discretion and will not routinely allow retraction.
What is intermeddling and why does it prevent renunciation?
Intermeddling means taking any act that recognises the executor's role — selling estate assets, paying estate debts, notifying banks of the death on behalf of the estate, or collecting in assets. Once an executor has intermeddled, they are bound to prove the will and cannot renounce. The bar is low: even a single act of estate administration can count.
If one executor renounces, can the other executor still prove the will alone?
Yes. Where two or more executors are named, the renouncing executor's PA15 is filed and the remaining executor applies for probate alone. Power is reserved (not granted) to the renouncing executor — they cannot later act unless the court permits retraction. There is no need to appoint a replacement.
What happens if all named executors renounce?
If every named executor renounces (or none are able to act), the Probate Registry grants letters of administration with will annexed (administration cum testamento annexo, CTA) to a person with an interest in the estate — typically a residuary beneficiary — in accordance with Rule 20 of the Non-Contentious Probate Rules 1987.
Does renouncing probate affect the executor's entitlement as a beneficiary?
No. Renouncing the role of executor does not affect any gift the person receives under the will. An executor who is also a beneficiary can renounce probate and still inherit their legacy — their roles as executor and beneficiary are legally separate.
Name the Right Executor in Your Will
Executor renunciation problems are often avoided by naming substitute executors in the original will. Our DIY will kit includes guidance on choosing and naming executors who are willing, capable, and available.
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This article is for general information only and does not constitute legal advice. Always seek independent legal advice before completing a PA15 renunciation form.