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Executor Renunciation of Probate (Australia)
Being named executor in a will does not force you to act. If you do not want the role, you can renounce your right to a grant of probate — but there is one trap that catches people across Australia: if you have already "intermeddled" in the estate by dealing with the deceased's assets, you generally cannot renounce, and the Supreme Court can compel you to take the grant. Queensland is the statutory exception. Renunciation is also permanent, so it has to be done deliberately. Our template builds a proper renunciation with the correct Supreme Court and method for your jurisdiction, confirms you have not intermeddled, and sets out who will administer the estate once you step aside.
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Renunciation of Probate
Renunciation Filed In The Supreme Court Of New South Wales · 9 June 2026
Geoffrey R. Sandes
12 Awaba Street, Mosman NSW 2088
0411 906 233
geoff.sandes@email.com.au
9 June 2026
The Registrar in Probate
Supreme Court of New South Wales
the NSW Online Registry
the NSW Online Registry
RENUNCIATION OF PROBATE
Estate of Eleanor M. Pryce · New South Wales
To the Registrar in Probate,
I, Geoffrey R. Sandes, am named as an executor in the will of the late Eleanor M. Pryce, dated 18 September 2019. I do not wish to take a grant of probate, and by this document I renounce all my right and title to probate and to the execution of the will in the Supreme Court of New South Wales. This renunciation supports, and does not replace, any renunciation form the registry requires to be filed with the Court.
I, Geoffrey R. Sandes, am named as an executor in the will of the late Eleanor M. Pryce, dated 18 September 2019. I do not wish to take a grant of probate, and by this document I renounce all my right and title to probate and to the execution of the will in the Supreme Court of New South Wales. This renunciation supports, and does not replace, any renunciation form the registry requires to be filed with the Court.
1.
THE DECEASED AND THE WILL
Deceased: Eleanor M. Pryce
Date of death: 3 March 2026
Last address: 5 Bradleys Head Road, Mosman NSW 2088
Will dated: 18 September 2019
My appointment: Clause 3 of the will appoints me and the deceased's daughter, Catherine Pryce, as joint executors and trustees.
Date of death: 3 March 2026
Last address: 5 Bradleys Head Road, Mosman NSW 2088
Will dated: 18 September 2019
My appointment: Clause 3 of the will appoints me and the deceased's daughter, Catherine Pryce, as joint executors and trustees.
2.
THE RENUNCIATION
I, Geoffrey R. Sandes, renounce all my right and title to probate and to the execution of the will of the late Eleanor M. Pryce. I also renounce any right I have to a grant of letters of administration with the will annexed.
I have not intermeddled: I confirm that I have not intermeddled in the estate — I have not dealt with the deceased's assets in a way that amounts to accepting the office of executor (arranging the funeral does not count as intermeddling).
Reason (given by way of explanation only): I am 78, live interstate for much of the year, and my co-executor — the deceased's daughter — is better placed to administer the estate. I would prefer she act alone.
I have not intermeddled: I confirm that I have not intermeddled in the estate — I have not dealt with the deceased's assets in a way that amounts to accepting the office of executor (arranging the funeral does not count as intermeddling).
Reason (given by way of explanation only): I am 78, live interstate for much of the year, and my co-executor — the deceased's daughter — is better placed to administer the estate. I would prefer she act alone.
3.
THE EFFECT OF THIS RENUNCIATION
By this renunciation I give up my right to a grant of probate and to act as executor of the will, and I will not deal with the estate's assets. I understand that, once filed in the Supreme Court of New South Wales, a renunciation is final and cannot be retracted except with the leave of the Court.
4.
INTERMEDDLING AND THE STATE PROCEDURE
An executor who has intermeddled in the estate — taken possession of or dealt with the deceased's assets, paid or called in debts, or otherwise acted as though they had accepted the office — generally cannot renounce, and the Court may compel them to take the grant. Arranging the funeral is not intermeddling.
In New South Wales: an executor who has not intermeddled may renounce by filing a renunciation of probate (UCPR Form 123) with the Court; once filed the renunciation is final and cannot be retracted except with the leave of the Court.
Acts I have taken in relation to the estate: I attended the funeral and signed the condolence book, and I forwarded two pieces of the deceased's mail unopened to my co-executor. I have not taken possession of any asset, paid or collected any debt, or otherwise dealt with the estate.
Permanence: I acknowledge that this renunciation is final and cannot be retracted except with the leave of the Court.
I have taken legal advice about the effect of renouncing.
In New South Wales: an executor who has not intermeddled may renounce by filing a renunciation of probate (UCPR Form 123) with the Court; once filed the renunciation is final and cannot be retracted except with the leave of the Court.
Acts I have taken in relation to the estate: I attended the funeral and signed the condolence book, and I forwarded two pieces of the deceased's mail unopened to my co-executor. I have not taken possession of any asset, paid or collected any debt, or otherwise dealt with the estate.
Permanence: I acknowledge that this renunciation is final and cannot be retracted except with the leave of the Court.
I have taken legal advice about the effect of renouncing.
5.
WHO WILL ADMINISTER THE ESTATE
So that the estate is not left without a personal representative, the remaining executor (or executors) named in the will applies for the grant of probate alone.
The person who will apply: Catherine Pryce.
Next steps: My co-executor, Catherine Pryce, will apply for a grant of probate to herself alone, with this renunciation filed in support so the registry sees that I have stepped aside.
The person who will apply: Catherine Pryce.
Next steps: My co-executor, Catherine Pryce, will apply for a grant of probate to herself alone, with this renunciation filed in support so the registry sees that I have stepped aside.
6.
NOTICE TO CO-EXECUTORS AND BENEFICIARIES
Co-executors notified: Catherine Pryce, the deceased's daughter and my co-executor, who consents to apply for the grant alone.
Beneficiaries notified: The three residuary beneficiaries — Catherine Pryce, James Pryce and the Mosman Community Hospice — have each been told in writing that I am renouncing and that Catherine will administer the estate.
How notice was given: By email and a posted letter on 5 June 2026.
Beneficiaries notified: The three residuary beneficiaries — Catherine Pryce, James Pryce and the Mosman Community Hospice — have each been told in writing that I am renouncing and that Catherine will administer the estate.
How notice was given: By email and a posted letter on 5 June 2026.
7.
THE POWER RESERVED ALTERNATIVE
Where there is more than one executor, an executor who does not wish to act now but may wish to act later can have power reserved instead of renouncing — the other executor takes the grant, and the executor with power reserved keeps the right to apply for a later grant (double probate) if needed. Renunciation, by contrast, gives up the office for good.
Why I have considered it: I considered having power reserved so I could step in if my co-executor could not continue, but she is in good health, lives near the estate, and is willing to act.
Why I am renouncing rather than reserving power: A clean renunciation avoids any future need for me to be involved and lets my co-executor deal with banks and the Land Registry without my signature.
Why I have considered it: I considered having power reserved so I could step in if my co-executor could not continue, but she is in good health, lives near the estate, and is willing to act.
Why I am renouncing rather than reserving power: A clean renunciation avoids any future need for me to be involved and lets my co-executor deal with banks and the Land Registry without my signature.
8.
DECLARATION
I make this renunciation freely and with knowledge of its effect. I confirm that the statements in it are true to the best of my knowledge and belief, and I ask that it be noted on the Court's record of the estate of the late Eleanor M. Pryce.
YOURS FAITHFULLY,
Geoffrey R. Sandes
Executor renouncing probate
Date: ____________________
EXECUTOR
Geoffrey R. Sandes
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Renunciation of Probate?
A <strong>renunciation of probate</strong> is a formal document by which a person named as executor in an Australian will gives up the right to a grant of probate before applying for it. An executor is not obliged to act, and there are many good reasons to renounce — age, distance, ill health, or simply that a co-executor is better placed to administer the estate. The renunciation is filed in the Supreme Court of the State or Territory where the estate is administered, and it clears the way for the person who will act instead. This template builds that renunciation: it declares the renunciation, confirms the critical point that you have not intermeddled, and applies the correct jurisdiction's court and method.
The decisive issue is <strong>intermeddling</strong>. If, before a grant, you take possession of or deal with the deceased's assets, pay or collect debts, or otherwise act as though you have accepted the office, you have intermeddled — and in most Australian States an executor who has intermeddled <strong>cannot renounce</strong> and may be compelled to take the grant. Arranging the funeral is not intermeddling. <strong>Queensland is the statutory exception</strong>: under s 54(2) of the Succession Act 1981 (Qld) an executor may renounce even after intermeddling. The template states the rule for your jurisdiction and records exactly what you have done in relation to the estate, so the position is clear.
Renunciation is also <strong>permanent</strong>: once filed in the Supreme Court it cannot be retracted except with the leave of the Court. For an executor named alongside others, there is often a better option — having <strong>power reserved</strong>, which lets the active executor take the grant while the reserving executor keeps the right to apply later if needed. The template offers that alternative, and makes sure the estate is not left without a personal representative by recording who will administer it instead — a co-executor applying alone, a substitute executor, or a beneficiary applying for letters of administration with the will annexed.
What's Covered in This Template
The renunciation does the legal work — the declaration, the intermeddling confirmation and the chain of representation — and applies the right State framework automatically.
A Clean Renunciation
A clear declaration renouncing your right and title to probate and to the execution of the will, with the option to also renounce any right to letters of administration with the will annexed.
The Intermeddling Confirmation
The confirmation that you have not intermeddled in the estate — the single point that most often decides whether a renunciation is valid — with the funeral expressly noted as not amounting to intermeddling.
The State Method and Exception
The renunciation method for your jurisdiction — the NSW renunciation of probate form, and the Queensland statutory exception (s 54(2) of the Succession Act 1981 (Qld)) that lets an executor renounce even after intermeddling.
Permanence, Acknowledged
A record that you understand a renunciation cannot be undone except with the leave of the Court, and whether you have taken legal advice.
Who Administers the Estate Instead
The chain of representation — a co-executor applying alone, a substitute executor, a beneficiary applying for letters of administration with the will annexed, or a trustee company — so the estate is not stranded.
Notice to Co-executors and Beneficiaries
A record of the notice given to the people who need to know you are stepping aside, which heads off later disputes about how the renunciation came about.
The Power Reserved Alternative
Where the will names more than one executor, the option of reserving power instead of renouncing — keeping your right to apply later — with a record of why you chose renunciation.
Word and PDF Output
Download the renunciation free as a PDF, or unlock Expert for the editable Microsoft Word (.docx) version and the full intermeddling, chain-of-representation, notice and power-reserved sections.
How to Renounce as Executor
Five steps from a role you do not want to a renunciation the registry can accept.
- 1
Select the State or Territory
Pick where the estate is administered. The Supreme Court and the method of renunciation — and the intermeddling rule — follow from this choice.
- 2
Identify the Will and Your Appointment
The deceased, the date of death, the date of the will, and the clause that appoints you executor.
- 3
Confirm You Have Not Intermeddled
Confirm you have not dealt with the estate in a way that amounts to accepting the office, and give a short reason for renouncing if you wish.
- 4
Set Out Who Acts Next
Record who will administer the estate instead, the notice you have given to co-executors and beneficiaries, and whether power reserved would suit you better.
- 5
File the Renunciation
Complete any renunciation form the registry requires and file it in the Supreme Court — the template's document supports it. Remember the step is permanent once filed.
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Legal Considerations
Renunciation is simple in principle and unforgiving in practice — intermeddling and permanence are the two things to get right.
This template provides general information for executors considering renouncing probate in Australia and is not legal advice. Whether particular conduct amounts to intermeddling, and the method of renunciation, differ by State and Territory, and a renunciation is permanent once filed. Where the estate is large, contested or already partly administered, or where you are unsure whether you have intermeddled, take advice from an Australian succession lawyer before renouncing. Always confirm the current renunciation method with the relevant Supreme Court registry.
Reviewed for Australian probate practice (8 jurisdictions)
Intermeddling — the Rule That Decides It
An executor who has <strong>intermeddled</strong> in the estate — taken possession of or dealt with the deceased's assets, paid or collected debts, or otherwise acted as though they accepted the office — generally <strong>cannot renounce</strong>, and the Supreme Court may compel them to take the grant. Arranging and paying for the funeral is not intermeddling. <strong>Queensland is the statutory exception</strong>: under s 54(2) of the Succession Act 1981 (Qld) an executor may renounce even after intermeddling. Because the rule turns on conduct, the template records exactly what you have done in relation to the estate so the position can be assessed.
Renunciation Is Permanent
Once a renunciation is filed in the Supreme Court it is <strong>final</strong> and cannot be retracted except with the leave of the Court. That is why the template asks you to acknowledge the permanence and whether you have taken advice — renouncing a large or contested estate is not a step to take lightly, and there is often a less drastic alternative.
Power Reserved — Often the Better Choice
Where a will names <strong>more than one executor</strong>, an executor who does not want to act now but might be needed later does not have to renounce. They can have <strong>power reserved</strong> — the active executor takes the grant, and the reserving executor keeps the right to apply for a later grant (double probate) if the first cannot continue. For a healthy executor stepping back from a co-executor who can act, power reserved is frequently the wiser option, and the template records that you have weighed it.
Related Australian Templates
Once you renounce, the person who acts instead will need our grant of probate application (if a co-executor or substitute executor applies) or our letters of administration application (if a beneficiary applies because no executor will act). Our last will and testament and testamentary trust will help testators appoint executors who are willing and able, and our family provision claim notice and deed of family arrangement deal with claims against the estate.
Frequently Asked Questions
Step Aside Properly — Without the Intermeddling Trap
Create your executor renunciation in minutes — the correct Supreme Court and method for any Australian State or Territory, the intermeddling confirmation, and a record of who will administer the estate instead. Download the PDF free, or unlock Expert for the editable Word version and the full intermeddling, chain-of-representation and power-reserved sections.
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