Estate Claim Waiver 12 August 2022 at 11:39PM in Deaths, funerals & probate 3 replies 305 views

jewellery10

I have discovered that my late Mother-in-Law (aged 92, sister M) was persuaded to sign a document (unseen by myself or her grandchildren) by a younger sister (N) to "waive her share" in lands held by her late brother, to her. Also another sister (K) was persuaded to " waive her share" by this younger sister (N) to her . This land was left un-administered when the late brother's estate went to probate (no will).

There was a third sister (A) who died before she could be persuaded to "waive her share".

This has all come to light recently, with the solicitors of the Executors of the third sister (A) writing to my children (who are beneficiaries of her will) asking them to "waive their share" in this land transfer to the sole name of sister N.

Does anyone know where one can research the legality of these "waivers", and what legal processes are in place to protect vulnerable adults?

Is the "waive" document invalidated by the death of my Mother-in-Law before it can be used in the late bothers estate administration?

My children are in the process of requesting further details (i.e. copy of title deeds, plans, probate information, copy of the waiver documents) from the solicitors of the Executors of sister A's estate.

Any guidance or pointers will be gratefully received.

GDB2222

Beneficiaries can certainly renounce their entitlements in an estate. It’s all perfectly proper and "legal".  I have never heard that called a waiver before, though.

As to whether your children should renounce their interest, that depends on the nature of the land you are talking about. 

poppystar

Is this agricultural land? I seem to remember there being advantages in not splitting up, as would happen with several beneficiaries, such land. I think you definitely need specialist advice on this because it does look on paper as if sister N is gaining big time, however the fact that the solicitors are now requesting this in relation to sister A’s estate would suggest there are some advantages to this move. I would want independent legal advice were I your children. 

macman

Was the waiver correctly signed and witnessed, for starters? Is it legally valid in terms of the wording, or is this a 'home-made document'?
Definitely a case where you must take expert legal advice.