Is anyone aware of a rule that parents of a deceased are unable to renounce their role as Administrator under an intestacy? I have been told by the Probate Registry that parents are unable to renounce and they either must appoint an attorney to extract the Grant of Letters of Representation on their behalf, or disclaim.
I am acting in an estate where adult son died, a bachelor with no issue. Father predeceased. Mother is elderly and unwell so does not want to obtain the Grant. She wants to receive her inheritance but does not want the Grant in her name. I can’t find any authority to say she is unable to renounce. Has anyone had this previously?
Thank you in advance.
My understanding is that merely ‘renouncing’ the right to a grant does not give anyone else the entitlement to apply in their place. So then you are then stuck in limbo.
The options are either to appoint an attorney to obtain grant for them or for them to assign their rights to someone else.
Wouldn’t it be the case that they are then ‘cleared off’ and the next person in line can apply for the Grant in their name?
I have a very similar situation, in that we have a parent in an intestacy who does not want to apply for the Grant. Instead wanting the siblings of the deceased to be able to apply. I was wondering if you got any further with this query? If the mother renounces would she not also have to disclaim her entitlement to be ‘cleared off’ in order that the siblings then have a beneficial interest in the estate?
Would the only options then be that the mother either renounces and disclaims or does not renounce and instead the siblings act on her behalf under a General POA in the estate admin therefore the mother still receives her inheritance but the siblings can take the Grant and act on her behalf?
Nothing back yet unfortunately.
I’m not sure that she would have to disclaim. For example a spouse can renounce their entitlement under an intestacy (on form PA16) without giving up their inheritance and I don’t see why the position should be any different for a parent. I certainly can’t find any authority to say that a parent is unable to renounce.