Deed of Renunciation

bujin

Hi Everyone,
My father passed away last month, my two brothers were named in the Will as Executors. Unfortunately through ill health neither of them are able to act, they have had no interference with the Estate as another brother and I were deputies for Dad until his death, which obviously now ceases.

I know they can sign a Deed of Renunciation and I have found a template for the Deed online. I just wanted to check that this wasn't something that could only be drawn up by a Solicitor? It's just that a lot of sites(Solicitor Firm sites) say that to stop acting as an executor a Deed of Renunciation should be drawn up by a solicitor.

Anyone know at all? Thanks in advance.

bujin

Hoping someone might pick up on this?

iolanthe07

There is almost nothing that absolutely HAS to be done by a solicitor. You can represent yourself in court, buy and sell property, draw up Wills, enact Powers of Attorney, draw up leases and contracts and execute Deeds of Renunciation. You may need a solicitor for various stages of these, eg: certifying copies of documents, administering oaths etc., for which they will make a small charge. I have found the government websites with the downloadable forms very helpful and easy to follow. You have to follow the instructions absolutely, though, and many people prefer to employ a solicitor for peace of mind. It's up to you.

TBagpuss

It doesn't have to be done by a solicitor. It is simply that if it is, you can be more confident that it will be done correctly the first time.
I assume that neother of your brothers' health poblems mean that they have lost mental capacity? that would be a bit more complex.

bujin

Thanks for this. No none of the brothers have lost mental capacity, just not really well enough to carry out the duites and as said another brother and I were Dad's Deputies, so as a family and sole beneficiaries we all agreed it would be easier if myself and my other brother became Executors.
Thanks Again.

Tuesday_Tenor

A bit of a technicality, and hopefully the PA1 form notes will guide you:

As you and the brother who are taking over weren't named as Executors in the will you wil actually be applying to be Administrators (with will annexed).

There are three forms of Grant of Representation:
Probate - for the executors named in the will.
Letters of Administration - for an eligible person/persons (according to hierarchy of close relatives) where there is no will. (Intestate estate).
Letters of Administration with will annexed - for an eligible person/persons (according to hierarchy of close relatives) where there IS a will but the named executors are unable to act.

If you have any further queries, there are knowledable people over on the 'Deaths, funerals and probate' sub-board.

bujin

Thank you. Always good to know the official legal terms for these things. Luckily it's very straightforward, property was already sold and we'd managed all monies within 2 accounts, so will be an easy Probate to do.

Yes I saw that section on Deaths, funerals and probate' seconds after posting this here.

Thanks for your advice all.