Williams, Mortimer & Sunnucks 2st Ed (Para 6-53) describes the procedure for filing a renunciation before the grant application:
“His renunciation must be accompanied by the original will, both of which documents are then filed in the registry to which they are sent…Renunciations before the application for a grant may be filed in any registry. The registry at which it is lodged will make an entry to record the fact. The will is retained by the registry in which the renunciation is filed…Upon any subsequent application for a grant the applicant must swear the Oath and mark the will before the authorised officer of the registry in which the will is filed, unless arrangements are made for this to take place at another registry. In cases of difficulty, application may be made for an official copy of the will to be marked instead of the original.”
This would be extremely helpful to one of my clients but it does not sound compatible with the whizzy new online system. Tristram & Cootes is slightly more up to date but doesn’t provide a practical solution. Does anybody have any idea if we can do this with the Newcastle Registry and, if so, the best way to confirm that it will be accepted? I can see the original will disappearing into the system, never to be seen again.
We would submit the application (signed statement), will, and deed of renunciation as one submission after the application has been ‘completed’ online.
The digital / scanned copy document uploaded to HMCTS online to consist of the scanned signed statement AND signed deed as one document; statement should refer to the renunciation.
Thanks John. Here, for reasons too obscure to mention, we would want to file the renunciation in advance of the main application. I think (but am not certain!) you are talking about submitting them together as we would normally do.
I submit everything unusual to Newcastle but am informed that Cardiff are more efficient (never tried this myself). And as always I post with registered post and kept the receipt on file with the cover letter.
I did have an application go walkies before but the postage trail seemed to help get things back on track.
In which case, I suggest progress the online application to statement stage (in the knowledge it can be amended), and thus have the 16 digit Probate reference number to apply to the renunciation submitted in advance. Notwithstanding, when ready to submit the application, I would still include the renunciation with the scanned copy of the signed statement, uploaded as one document.