Is it possible to exclude a sibling from probate at their own request?

dean1234

Hi,

Probably an odd question, but my father recently passed away without leaving a will.

There are 4 surviving children (myself, 2 sisters and a brother).

I am currently applying for probate, but my eldest sister has said she doesn't wish to receive any portion of my Dad's estate (she's married to a wealthy banker so doesn't need the money), and she'd prefer it was just split 3 ways.

Am I ok to exclude her from the application?

Or legally do i need to include her and then she'd have to go through the process of giving away her share to the 3 of us after she;s got it?

Regards
Dean

Linton

To make it official and avoid any possible extra IHT if she died within the next 7 years or fell out with the rest of the family and wanted "her" money back you could have a deed of variation to change the terms of the will. As the disadvantaged person her formal agreement would be required.

Undervalued

Linton wrote: »

To make it official and avoid any possible extra IHT if she died within the next 7 years or fell out with the rest of the family and wanted "her" money back you could have a deed of variation to change the terms of the will. As the disadvantaged person her formal agreement would be required.

Which would be fine except the OP said.....

Probably an odd question, but my father recently passed away without leaving a will.

Yorkshireman99

Undervalued wrote: »

Which would be fine except the OP said.....

It can still be done where letters of administration are required.

Linton

Perhaps the OP would find all the information required from: https://www.gov.uk/alter-a-will-after-a-death


As Yorkshireman says, it applies to both intestate estates and those with wills.

dean1234

Hi, and thanks for your quick and helpful responses.

The variation of will seems like the correct route to go down, and she would definitely sign that.

My only question is, do we still include her on the PA1A probate form (Section 4.2 - Please give the full names of the person or people on whose behalf you are applying and their relationship to the person who has died.), or would we exclude her from that as we've made the variation?

Regards
Dean

Flugelhorn

Might be worth asking the probate office to make sure the answer is correct!

Years ago we had DOV on granny's intestate estate, 4 siblings signed to state that all estate should go to the 5th child (as per her unsigned will)

getmore4less

Not everyone at the same level needs to apply they can be excluded.

A deed of variation is probably not needed unless they want to specify who gets their share.

it is possible to not accept.

Tom99

You need form PA1A
https://www.gov.uk/government/publications/form-pa1a-apply-for-probate-deceased-did-not-leave-a-will
Up to 4 people can be applicants but you might want to consider only one of you applying if one of you is closer to all the paperwork.
Some organisations may require each administrator of the estate to sign documents which can be a faff if you don't live close together.
Who applies for probate has nothing at all to do with who inherits.
A solicitor can draw up a Deed of Variation for you, cost maybe £200-£500 usually only the party giving up an inheritance, the administrator of the estate and a witness need sign, although to be valid it does not actually need to be a deed, it can just be a note signed by the one beneficiary but the tax clause must be correct.

dean1234

Hi GetMore4Less.

Do you mean that when I fill in the PA1A I just don't put my sisters name on it?

Then when I get to the stage of dishing out the estate, just don't send her any?

That sounds easy enough.

I guess I was just wondering if the probate people would look into the make up of the family and wonder why a sibling hasn't been mentioned.

dean1234

FYI there is no tax implication as the estate is only worth approx 130k