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'Renunciation' as executor

including wills and probate
MyNameIsUrl
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'Renunciation' as executor

#145225

Postby MyNameIsUrl » June 12th, 2018, 3:37 pm

A will names four people as executors - two of them wish to 'renounce' this role. The other two are happy for them to do so. There has been no 'intermeddling'.

Googling shows that the renunciation can be done by signing a document, but there is no standard form. Can anyone please recommend a link to a standard set of words, or recommend that I download a template from a website for a fee?

PinkDalek
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Re: 'Renunciation' as executor

#145232

Postby PinkDalek » June 12th, 2018, 4:04 pm

You might be in luck with someone posting the full wording but I don't think Oyez forms are that expensive. The last one I paid for on another matter was in the region of £7.26.

Here is mention of their Deeds PRO30 and PRO31:

https://oyezforms.co.uk/displayefis.asp?n=2008063

I don't know which one you need.

escalader
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Re: 'Renunciation' as executor

#145337

Postby escalader » June 13th, 2018, 12:49 am

If you are happy for them to just "step aside" and leave the power reserved, you just have to fill in the appropriate parts of PA1 when you apply for probate.

supremetwo
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Re: 'Renunciation' as executor

#145342

Postby supremetwo » June 13th, 2018, 2:05 am

MyNameIsUrl wrote:A will names four people as executors - two of them wish to 'renounce' this role. The other two are happy for them to do so. There has been no 'intermeddling'.

Googling shows that the renunciation can be done by signing a document, but there is no standard form. Can anyone please recommend a link to a standard set of words, or recommend that I download a template from a website for a fee?

Pdf PA1
https://assets.publishing.service.gov.u ... a1-eng.pdf

D – Renunciation: they have chosen not to apply, and give up all rights to apply.

Reason D – if you state that an executor has given up their right to apply, when we receive this application we will send another form to you to give to the executor, for them to sign.

Clitheroekid
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Re: 'Renunciation' as executor

#145687

Postby Clitheroekid » June 14th, 2018, 10:03 pm

PinkDalek wrote:You might be in luck with someone posting the full wording

Indeed. This is the full form of wording:

THE HIGH COURT OF JUSTICE
FAMILY DIVISION (PROBATE)
THE [?] DISTRICT REGISTRY
IN THE ESTATE OF [ABC] DECEASED

WHEREAS ABC of [deceased's address] died on the [?] day of [month] 2018 having made and duly executed her last Will and Testament bearing date the [date of Will] and in the said Will appointed EF and GH as Executors of the said Will

NOW I, the said EF hereby declare that I have not intermeddled in the Estate of the said deceased and will not hereafter intermeddle therein with intent to defraud creditors and I hereby renounce all my right and title to Probate and execution of the said Will and Letters of Administration with Will annexed

SIGNED as a deed by the said EF this day of June 2018 .........................................
in the presence of

Signature of witness .....................................

Name (in BLOCK CAPITALS)

Address

Occupation


Once signed, witnessed and dated it's just lodged with the application for probate.

Lootman
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Re: 'Renunciation' as executor

#145692

Postby Lootman » June 14th, 2018, 10:29 pm

Clitheroekid wrote:
PinkDalek wrote:You might be in luck with someone posting the full wording

Indeed. This is the full form of wording:

THE HIGH COURT OF JUSTICE
FAMILY DIVISION (PROBATE)
THE [?] DISTRICT REGISTRY
IN THE ESTATE OF [ABC] DECEASED

WHEREAS ABC of [deceased's address] died on the [?] day of [month] 2018 having made and duly executed her last Will and Testament bearing date the [date of Will] and in the said Will appointed EF and GH as Executors of the said Will

NOW I, the said EF hereby declare that I have not intermeddled in the Estate of the said deceased and will not hereafter intermeddle therein with intent to defraud creditors and I hereby renounce all my right and title to Probate and execution of the said Will and Letters of Administration with Will annexed

SIGNED as a deed by the said EF this day of June 2018 .........................................
in the presence of

Signature of witness .....................................

Name (in BLOCK CAPITALS)

Address

Occupation


Once signed, witnessed and dated it's just lodged with the application for probate.

Brilliant, as always. You are a Pro.

But when I renounced for my aunt's probate, I merely did it orally to my cousin, the other executor.

Now granted, that started a major shitstorm. His two younger brothers claimed a conspiracy, even though I was not a beneficiary.

But here is the funny thing. My oral renunciation was deemed sufficient. There was no follow up from anyone.


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