ChatterBank0 min ago
Legal Help Please
4 Answers
Hello!
My MIL recently passed away and left two executors of her will, neither want to take part in it and my Husband would like to take over.
My understanding of this is that he applies for a Grant of Probate and the executors enclose a letter each stating that they do not want to move forward with being an executor and will not be applying for Probate.
Is this correct? If so is there a form of words they should use in their letter to be enclosed with my husbands application for the Grant?
It's been so difficult so far with the legal ins and outs, she has very little assets but there is a house hence the Probate request.
The will is very straight forward thank goodness but this Probate business is seemingly a minefield. We would rather not pay a Solicitor.
Thank you
GF
My MIL recently passed away and left two executors of her will, neither want to take part in it and my Husband would like to take over.
My understanding of this is that he applies for a Grant of Probate and the executors enclose a letter each stating that they do not want to move forward with being an executor and will not be applying for Probate.
Is this correct? If so is there a form of words they should use in their letter to be enclosed with my husbands application for the Grant?
It's been so difficult so far with the legal ins and outs, she has very little assets but there is a house hence the Probate request.
The will is very straight forward thank goodness but this Probate business is seemingly a minefield. We would rather not pay a Solicitor.
Thank you
GF
Answers
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The letter is called a deed of renunciation. My husband had to do this more than 20 years ago when his grandmother died. There was a will naming his elder brother a executor but he had emigrated and couldn’t do it. It wasn’t difficult but I don’t remember the details sorry. Age Concern or the Citizens’ Advice would know I think.
As Woofgang has said they both need to sign a Deed of Renunciation, you can download templates from the internet for about £7/£8. May even be worth looking in WH Smith or similar at their legal packs to see if they do one. The important thing though is that named Executors have not started any process of the Executorship, this is termed as intermeddling and they cannot then renounce.
There's no need to pay for a form. Simply find out which Probate Registry will be dealing with the probate application (from here: https:/
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
THE [district name] PROBATE REGISTRY
In the estate of [name of your MIL] deceased:
WHEREAS [name of your MIL] of [your MIL's full address] deceased, died on [date of death] made and duly executed her last will and testament dated [date of will] and in the will appointed [names of both executors] as executors.
Now I [name of executor completing the form] being one of the executors do declare that I have not intermeddled in the estate of the deceased, and will not hereafter intermeddle in the estate with intent to deceive creditors, and I do now renounce all my right and title to probate and execution of the will.
Dated this [day of month in words] day of the year two thousand and sixteen.
Signed by [signature of executor]
[Typed name of executor]
In the presence of [signature of disinterested witness, NOT a family member]
[typed name of witness]
[address of witness]
[occupation of witness]
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
THE [district name] PROBATE REGISTRY
In the estate of [name of your MIL] deceased:
WHEREAS [name of your MIL] of [your MIL's full address] deceased, died on [date of death] made and duly executed her last will and testament dated [date of will] and in the will appointed [names of both executors] as executors.
Now I [name of executor completing the form] being one of the executors do declare that I have not intermeddled in the estate of the deceased, and will not hereafter intermeddle in the estate with intent to deceive creditors, and I do now renounce all my right and title to probate and execution of the will.
Dated this [day of month in words] day of the year two thousand and sixteen.
Signed by [signature of executor]
[Typed name of executor]
In the presence of [signature of disinterested witness, NOT a family member]
[typed name of witness]
[address of witness]
[occupation of witness]
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