Renunciation

bonkers12

Hi all, i posted earlier on today regarding being named as an executor in my mother in laws will. I was asking about how straight forward it would be to apply for probate without using the services of a solicitor . I have printed off all the sheets regarding probate and inheritance tax and it doesn't look too bad but i do have a problem ,there is one other person on the will named as a executor as well, he has informed me that he doesn't want to be an executor so what do i need to do now? i looked at the probate forms and there seems to be whats called a form [ PA15 ] which he can fill in and be exempted from executor duties, is it a case of just filling in the form ,him signing it with a witness present or would a solicitor need to be involved? Thanks .

Tom99

If the other executor is happy to use reason:

'3.6 C – Power reserved: they have chosen not to apply, but reserve the right to do so later.'

There will be slightly less paperwork:

'Reason C - If any executors are having power reserved, you must notify them of the application in writing. The Grant of Representation will only be issued to those people named as applicants in Section A'.

cavyslave

I did the forms myself. They were pretty straightforward and it was a big estate too. You will need to get 3 independent estate agents to value the house if there is one, that’s free too. Good luck!

wizzywilc

My co-executors and I decided that for practical reasons (all in different places) I would apply for probate and they would reserve powers. We went for reservation rather than renunciation because I wanted them to have the right to get involved later if they wanted to. I simply wrote to each of them as follows:

Estate of YYY
IHT Reference zzz
This is to give you formal notice that as one of your co-executors I intend to make the probate application in my sole name. You have indicated that you will reserve your powers as executor.
I should be grateful if you would acknowledge receipt of this letter and confirm in writing that you are reserving your powers as executor.

They both just replied confirming. When I submitted the papers for probate I included a covering note stating that the other executors had reserved their powers. I didn't include the letters, but had them should they have been required.Everything went through smoothly with the Probate Registry and HMRC, and it was much easier being the only person dealing with the subsequent sale of the deceased's property.

If your co-executor doesn't want to reserve powers but wants to renounce (which means he can't come back and get involved at a later stage) use the form, and get it witnessed by any "independent person".

I did quite a complex probate myself, and just used a solicitor to check the forms before submitting them. There was IHT to pay and she spotted an allowance I'd missed. I also used found the HMRC IHT and probate helpline very good.

Linton

cavyslave wrote: »

I did the forms myself. They were pretty straightforward and it was a big estate too. You will need to get 3 independent estate agents to value the house if there is one, that’s free too. Good luck!

Following legal advice, we only had 2 EAs valuing the house we were selling - no problems. I dont think HMRC specify any number but if the valuation looks wrong they will challenge it.

bonkers12

Thank you all for taking the time to reply , my brother in law wants no part of being an executor, so i will go ahead with it on my own, i have printed off form PA15 RENUNCIATION, the reason my brother in law wants to give is Reason D . so he gives up his right to apply for probate, im looking at the form and we are a bit stuck, on question 6 it has two boxes that require a tick in one of them and im not sure what they mean.
Box 1 The executor is : A sole executor and residuary legatee and devisee in trust .
Box 2 The executor is : One of the executors and residuary legatee and devisee in trust.
Forgive me for appearing thick but i have no idea what box will need ticking . Thanks

badger09

bonkers12 wrote: »

Thank you all for taking the time to reply , my brother in law wants no part of being an executor, so i will go ahead with it on my own, i have printed off form PA15 RENUNCIATION, the reason my brother in law wants to give is Reason D . so he gives up his right to apply for probate, im looking at the form and we are a bit stuck, on question 6 it has two boxes that require a tick in one of them and im not sure what they mean.
Box 1 The executor is : A sole executor and residuary legatee and devisee in trust .
Box 2 The executor is : One of the executors and residuary legatee and devisee in trust.
Forgive me for appearing thick but i have no idea what box will need ticking . Thanks

Its the 2nd box which is to be ticked.

Your BIL is not 'A sole executor' (that would be 1st box)
He is 'One of the executors'. You are the other one. (Hence 2nd box).

PS
Reason D?

bonkers12

Thank you very much for replying Badger 09. My brother in law just doesn't want any envolvement what so ever so " D " it is to be im sorry to say. Thanks again Badger