Bank Has Renouced its Executorship

killerkev

My Uncle's will had his bank as his executor. They have sent me a renouncement certificate and I have taken over as the executor, so far so good! I then went to apply for Probate, filling out the online form it states that as the will names the bank the Probate Office will not accept me, as I'm not named in the will. (just states all my Nephews and Nieces)

So I ring the helpline, no help at all as I am not named anywhere, nothing they can do. I was his LPOA , next of kin and a beneficiary in the estate. So how can I get grant of Probate and sell the house if I can't get Probate??

Any help would be most welcome

Thank You

thegreenone

Was there somewhere to upload the renouncement certificate online?  If not, I'd imagine you will have to do a paper version and include the certificate. 

Not sure why the helpline couldn't help as you are a named beneficiary.   I suspect they need absolutely every bit of paper to understand what's happened.  Good luck.

RAS

killerkev said:

My Uncle's will had his bank as his executor. They have sent me a renouncement certificate and I have taken over as the executor, so far so good!

I then went to apply for Probate, filling out the online form it states that as the will names the bank the Probate Office will not accept me, as I'm not named in the will. (just states all my Nephews and Nieces)

So I ring the helpline, no help at all as I am not named anywhere, nothing they can do.

I was his LPOA , next of kin and a beneficiary in the estate.

So how can I get grant of Probate and sell the house if I can't get Probate??

Any help would be most welcome

Thank You

Just trying to clarify. You say you are a beneficiary but also that you are not named anywhere?

Do you mean that Uncle left his estate to be shared between his nephews and nieces, of which you are one?

Or do you mean that your uncle left his estate to be shared between your nephews and nieces?

And you can't apply for probate if the bank has renounced (even assuming they are the only executor). The person dealing with the estate has to apply for letters of administration, with will.

And as part of that process, they need to provide details of all the Uncle's siblings, and and of all their known legitimate and illegitimate children, assuming there's nothing in the will restricting people who share. 

I'd suggest that two of the beneficiaries apply to administer the estate.

killerkev

RAS said:

killerkev said:

My Uncle's will had his bank as his executor. They have sent me a renouncement certificate and I have taken over as the executor, so far so good!

I then went to apply for Probate, filling out the online form it states that as the will names the bank the Probate Office will not accept me, as I'm not named in the will. (just states all my Nephews and Nieces)

So I ring the helpline, no help at all as I am not named anywhere, nothing they can do.

I was his LPOA , next of kin and a beneficiary in the estate.

So how can I get grant of Probate and sell the house if I can't get Probate??

Any help would be most welcome

Thank You

Just trying to clarify. You say you are a beneficiary but also that you are not named anywhere?

Do you mean that Uncle left his estate to be shared between his nephews and nieces, of which you are one?

Or do you mean that your uncle left his estate to be shared between your nephews and nieces?

And you can't apply for probate if the bank has renounced (even assuming they are the only executor). The person dealing with the estate has to apply for letters of administration, with will.

And as part of that process, they need to provide details of all the Uncle's siblings, and and of all their known legitimate and illegitimate children, assuming there's nothing in the will restricting people who share. 

I'd suggest that two of the beneficiaries apply to administer the estate.

RAS said:

killerkev said:

My Uncle's will had his bank as his executor. They have sent me a renouncement certificate and I have taken over as the executor, so far so good!

I then went to apply for Probate, filling out the online form it states that as the will names the bank the Probate Office will not accept me, as I'm not named in the will. (just states all my Nephews and Nieces)

So I ring the helpline, no help at all as I am not named anywhere, nothing they can do.

I was his LPOA , next of kin and a beneficiary in the estate.

So how can I get grant of Probate and sell the house if I can't get Probate??

Any help would be most welcome

Thank You

Just trying to clarify. You say you are a beneficiary but also that you are not named anywhere?

Do you mean that Uncle left his estate to be shared between his nephews and nieces, of which you are one?

Or do you mean that your uncle left his estate to be shared between your nephews and nieces?

And you can't apply for probate if the bank has renounced (even assuming they are the only executor). The person dealing with the estate has to apply for letters of administration, with will.

And as part of that process, they need to provide details of all the Uncle's siblings, and and of all their known legitimate and illegitimate children, assuming there's nothing in the will restricting people who share. 

I'd suggest that two of the beneficiaries apply to administer the estate.

Thanks, I will try to clarify He left his Estate to be shared between his Nephews and Nieces, of which I am one (there are five) none named.

My Uncle had no children he had two sisters both in their 90's with dementia, no other living relatives.

The Bank were the only executor and have sent me a renunciation certificate which looks like it has been registered at the High Courrt Of Justice

I was his next of kin and had LPOA

I will have to look into these letters of administration!!

Marcon

killerkev said:

RAS said:

killerkev said:

My Uncle's will had his bank as his executor. They have sent me a renouncement certificate and I have taken over as the executor, so far so good!

I then went to apply for Probate, filling out the online form it states that as the will names the bank the Probate Office will not accept me, as I'm not named in the will. (just states all my Nephews and Nieces)

So I ring the helpline, no help at all as I am not named anywhere, nothing they can do.

I was his LPOA , next of kin and a beneficiary in the estate.

So how can I get grant of Probate and sell the house if I can't get Probate??

Any help would be most welcome

Thank You

Just trying to clarify. You say you are a beneficiary but also that you are not named anywhere?

Do you mean that Uncle left his estate to be shared between his nephews and nieces, of which you are one?

Or do you mean that your uncle left his estate to be shared between your nephews and nieces?

And you can't apply for probate if the bank has renounced (even assuming they are the only executor). The person dealing with the estate has to apply for letters of administration, with will.

And as part of that process, they need to provide details of all the Uncle's siblings, and and of all their known legitimate and illegitimate children, assuming there's nothing in the will restricting people who share. 

I'd suggest that two of the beneficiaries apply to administer the estate.

RAS said:

killerkev said:

My Uncle's will had his bank as his executor. They have sent me a renouncement certificate and I have taken over as the executor, so far so good!

I then went to apply for Probate, filling out the online form it states that as the will names the bank the Probate Office will not accept me, as I'm not named in the will. (just states all my Nephews and Nieces)

So I ring the helpline, no help at all as I am not named anywhere, nothing they can do.

I was his LPOA , next of kin and a beneficiary in the estate.

So how can I get grant of Probate and sell the house if I can't get Probate??

Any help would be most welcome

Thank You

Just trying to clarify. You say you are a beneficiary but also that you are not named anywhere?

Do you mean that Uncle left his estate to be shared between his nephews and nieces, of which you are one?

Or do you mean that your uncle left his estate to be shared between your nephews and nieces?

And you can't apply for probate if the bank has renounced (even assuming they are the only executor). The person dealing with the estate has to apply for letters of administration, with will.

And as part of that process, they need to provide details of all the Uncle's siblings, and and of all their known legitimate and illegitimate children, assuming there's nothing in the will restricting people who share. 

I'd suggest that two of the beneficiaries apply to administer the estate.

Thanks, I will try to clarify He left his Estate to be shared between his Nephews and Nieces, of which I am one (there are five) none named.

My Uncle had no children he had two sisters both in their 90's with dementia, no other living relatives.

The Bank were the only executor and have sent me a renunciation certificate which looks like it has been registered at the High Courrt Of Justice

I was his next of kin and had LPOA

I will have to look into these letters of administration!!

See https://www.thegazette.co.uk/wills-and-probate/content/100321 which explains the position clearly:

'The renunciation does not confer the right to a grant of probate on another person. If other executors have been named in the will, the remaining executors can apply for probate (as long as the will does not specify a particular number of executors). If only one executor was named and is renouncing, an application will need to be made to the court to appoint an administrator. Most renunciations are made at the same time as an application for a grant by someone else.'

RAS

The fact that you were his next of kin and had LPOA is now irrelevant, there is no such thing as next of kin in UK law, although some providers ask a client who they want them to contact, and any power of attorney ceased when the donor died. 

So that using either term when talking to the Probate Registry doesn't help and may hinder your case.

killerkev

I have

Marcon said:

killerkev said:

RAS said:

killerkev said:

My Uncle's will had his bank as his executor. They have sent me a renouncement certificate and I have taken over as the executor, so far so good!

I then went to apply for Probate, filling out the online form it states that as the will names the bank the Probate Office will not accept me, as I'm not named in the will. (just states all my Nephews and Nieces)

So I ring the helpline, no help at all as I am not named anywhere, nothing they can do.

I was his LPOA , next of kin and a beneficiary in the estate.

So how can I get grant of Probate and sell the house if I can't get Probate??

Any help would be most welcome

Thank You

Just trying to clarify. You say you are a beneficiary but also that you are not named anywhere?

Do you mean that Uncle left his estate to be shared between his nephews and nieces, of which you are one?

Or do you mean that your uncle left his estate to be shared between your nephews and nieces?

And you can't apply for probate if the bank has renounced (even assuming they are the only executor). The person dealing with the estate has to apply for letters of administration, with will.

And as part of that process, they need to provide details of all the Uncle's siblings, and and of all their known legitimate and illegitimate children, assuming there's nothing in the will restricting people who share. 

I'd suggest that two of the beneficiaries apply to administer the estate.

RAS said:

killerkev said:

My Uncle's will had his bank as his executor. They have sent me a renouncement certificate and I have taken over as the executor, so far so good!

I then went to apply for Probate, filling out the online form it states that as the will names the bank the Probate Office will not accept me, as I'm not named in the will. (just states all my Nephews and Nieces)

So I ring the helpline, no help at all as I am not named anywhere, nothing they can do.

I was his LPOA , next of kin and a beneficiary in the estate.

So how can I get grant of Probate and sell the house if I can't get Probate??

Any help would be most welcome

Thank You

Just trying to clarify. You say you are a beneficiary but also that you are not named anywhere?

Do you mean that Uncle left his estate to be shared between his nephews and nieces, of which you are one?

Or do you mean that your uncle left his estate to be shared between your nephews and nieces?

And you can't apply for probate if the bank has renounced (even assuming they are the only executor). The person dealing with the estate has to apply for letters of administration, with will.

And as part of that process, they need to provide details of all the Uncle's siblings, and and of all their known legitimate and illegitimate children, assuming there's nothing in the will restricting people who share. 

I'd suggest that two of the beneficiaries apply to administer the estate.

Thanks, I will try to clarify He left his Estate to be shared between his Nephews and Nieces, of which I am one (there are five) none named.

My Uncle had no children he had two sisters both in their 90's with dementia, no other living relatives.

The Bank were the only executor and have sent me a renunciation certificate which looks like it has been registered at the High Courrt Of Justice

I was his next of kin and had LPOA

I will have to look into these letters of administration!!

See https://www.thegazette.co.uk/wills-and-probate/content/100321 which explains the position clearly:

'The renunciation does not confer the right to a grant of probate on another person. If other executors have been named in the will, the remaining executors can apply for probate (as long as the will does not specify a particular number of executors). If only one executor was named and is renouncing, an application will need to be made to the court to appoint an administrator. Most renunciations are made at the same time as an application for a grant by someone else.'

I have spoken to the Probate Team again and this time they were helpful, I have to fill out form PA1P as best I can then send it in, and it will be passed to the specialist team, and then they will work with me to get Probate. The downside is it can take a year or more!!

Plus the fee went up to £300 today!

H657

Hi, I had the same issues (admittedly back in 2015) when my dad died having appointed HSBC as executor 41 years earlier. 

We asked them to renounce which they did.
Mum was sole beneficiary.
I’ve just had the file out to remind myself what I had to  do.
I submitted PA1P after speaking to the probate office on a couple of queries about the form which was pretty straightforward, and everything went very smoothly, so hopefully you’ll have no issues, particularly if your uncles estate is straightforward 

Keep_pedalling

Well it could have been worse banks were notoriously expensive as executors.

killerkev

Keep_pedalling said:

Well it could have been worse banks were notoriously expensive as executors.

You are right the Bank wanted £1500 just to take the case on, then a minium of 2.5% of estate value so around £10000, but gave me the option of renouncing (I got the impression they did not want to take it on !!)

ank