Renunciation of Probate after Grant of Probate

Trusts Discussion
1

Good morning

My client wishes to renounce Probate although he signed for Probate and his name is on the Grant.

There is one other executor who completed the paperwork and is taking an active role in the administration and will continue to do so.

My understanding is that applying for Probate does not amount to intermeddling in the estate so is he able to to sign a straightforward Deed of Renunciation please or is anything else required?

He has not intermeddled in any other way.

Many thanks in advance
Deborah

2

It’s too late to renounce once probate has been granted.

He/she would need to apply to a District Judge to be removed which may involve a revocation and re-grant to the remaining executor. - r41 NCPR 1987

Andrew Goodman
Osborne Clarke LLP

1 Like
3

The authority for the proposition that an executor cannot renounce after probate is Re Veiga (1862) 32 L.J.P.M. & A. 9.

Stuart Adams
Mishcon de Reya LLP