Where to send Deeds of Renunciation

bujin

Hi All. My Dad passed away last month. My brothers who were named executors in the Will are going to sign Deeds of Renunciation. Myself and another brother are going to act instead. This is partly because they are really not well enough at all and because myself and my other brother were Deputies for my Dad before he passed away. The Estate is very straightforward as we managed to sell property and streamline Dad's accounts before he died.

My question is where do the Deeds of Renuniation go, once they've been filled out . Do they get included in the PA1 Form that I will send, or get sent to the Probate Registry direct?

Thanks.

Keep_pedalling

Are you both also named as executors? If so you don't actually need to do anything other than declare the renuounciation on the probate form.

If you are not then I think the better option is for them to appoint you as attorneys to act on their behalf.

Tuesday_Tenor

Keep_pedalling wrote: »

better option is for them to appoint you as attorneys to act on their behalf.

Why better?

This is a straightforward case of sons A and B are named as executors in the will but don't want to do it. The other sons C and D are happy to do it, and would be the people with the greatest right to do so, so they will be applying for the grant in the form of Letters of Administration (with will annexed).

Your suggestion of A and B appointing C and D as attorneys for this task is a valid alternative way of achieving the same aim, but I don't see why it would be a better way. Sons A and B would seem to prefer to be out of the picture completely.

getmore4less

Also as attorney if A and B die before it's finished you have to reapply for the grant.

I would just send any forms with the application(PA1) and the courts will decide if they want something different done.

Keep_pedalling

Quite happy to stand corrected, but as this is a very simple estate with no property to sell I thought this might be the fastest way to do it.

If all 4 siblings have actually been named as executors then this is a mute point anyway.

brewerdave

I'm currently dealing with my mother's estate -she had named all 4 brothers as executors which we thought was going to create issues but by listing the other 3 as category C (executors with power reserved) I have managed to simplify the paperwork considerably.

Rodders53

A quick call to the Probate Court office will get you a definitive answer in your specific case.

They are really quite helpful and guided me through correcting their spelling error on the Oath we were swearing, recently...

bujin

Hi All. Thanks for this. Just to clarify, sons A and B were the only ones named as executors, not C and D. I agree that going down the route of the appointing us as attorneys idea would possibly be more trouble than it's worth, because renouncing completely means, we can act more quickly with what is a very straightforward Estate.

We may look into the "powers reserved" idea, so thanks for that. Obviously I can call the Probate team, but thought I'd get a more comprehensive approach here first.