From Tristram & Cootes Probate Practice:
[15.2]
Renunciation must be made absolutely and without reserve; it takes effect from the day of its date1, but can be withdrawn and is not final until filed2. It is permanent, and can be acted upon and referred to in all succeeding grants3; but there is power to allow a renunciation to be subsequently retracted: see paras 15.62 ff.
1 Munday and Berry v Slaughter (1839) 2 Curt 72.
2 Re Morant’s Goods (1874) LR 3 P & D 151.
3 Harrison v Harrison (1846) 1 Rob Eccl 406, 4 Notes of Cases 434.
Thus, until Probate has been granted, a renunciation can be withdrawn/retracted.
Graeme Lindop
Probate Consultant
Coles Miller Solicitors LLP
