Disclaiming on intestacty and renunciation of entitlement to Letters of Administration


(Fiona Dodd) #1

Hello All

I have a client with the following situation.

Mum and Dad’s marriage fell apart many years ago, and Dad left for Australia. Mum and Dad never divorced. Mum died intestate, and Dad is entitled to the lot. There’s a property, so a Grant of Representation is needed.

Daughter tracked Dad down and he signed a Deed of Disclaimer, and, for good measure, renounced his rights to apply for Letters of Administration.

Daughter then submitted the same to the Probate Registry but has had her application rejected because, they say, she should have submitted a Deed of Assignment instead, so that Dad assigns his rights to her, instead of renouncing and disclaiming. According to them, we are now in No Man’s Land as there’s nobody to take the grant.

They are also saying she can still get Dad to sign a Deed of Assignment as it’s “just another form”. However if he has already disclaimed and renounced, how can he now assign rights he does not have?

Please could someone explain to me where we’ve gone wrong.

Dad disclaimed his interest in the estate. Therefore AEA25 says it all passes to Daughter.
Just in case, he also renounces. As she’s entitled to the estate now, as above, she can apply for Letters of Administration.

Thanks

Fiona Dodd
Mayo Wynne Baxter


(Julian Cohen) #2

Fiona,

I agree with you, and would have done the same. If the estate passes to the daughter she is the beneficiary and therefore the person entitled to apply. As we all know, in law there can be no such thing as a No Man’s Land. I suppose the Probate Registry is actually saying you need an order of the court for the daughter to apply (with which I don’t agree, but you could get one by amending your application so it also asks the Registrar to exercise his discretion to appoint the daughter as administrator, couldn’t you?)

Julian Cohen

Simons Rodkin


(monika) #3

i would consult Keith Biggs , who is an ex District registrar to assist

Monika Patel
QualitySolicitors Stapletons


(Fiona Dodd) #4

Hi all

My client suddenly received a letter confirming she could proceed as I had said all along. Fortunately sense prevailed but it’s sad that she had to fight it!

Fiona Dodd
Mayo Wynne Baxter