I have been instructed by the parents of the Deceased who is said to have died intestate.
I am informed that the Deceased died without having ever made a Will although he may have had conversations during his life of having one prepared. The Deceased had been married and was separated from his wife for some 16 years, there were no children of the marriage.
I have now received various documents which confirm that there was never an actual court sealed Judicial Separation - both parties only signed a separation agreement in 2005.
I have also been provided with a copy form PA16 signed by the wife renouncing her right to act as an administrator – but this form can only be used where the deceased left issue, so I am confused as to why this document has been provided.
The wife does not wish to have anything to do with the estate of the Deceased, nor does she want any of his assets.
My question is, how can the wife renounce her entitlement to the estate under the rules of intestacy, so that the parents can deal with the administration of the estate?
On the face of it, renouncing her right as administrator is not a disclaimer of her entitlement under intestacy.
I suggest the wife consult an independent solicitor with a view to a deed of disclaimer being executed by her. Consideration might also be given to the wife making a statutory declaration to the effect that her husband had fathered no issue, whether within or without the marriage.
The two documents should then enable the parents to obtain a grant and benefit from their son’s estate.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
I did point out to the clients that PA16 only renounced the wife’s right to administer the estate (providing the Deceased left issue - which he didn’t), but her entitlement under the intestacy rules would still apply.
As with many things like this, the wife has now changed her mind and decided that she wants “what is rightfully hers” and has instructed her own solicitors.