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Deed of Renunciation information

8 replies

Melek13 · 14/08/2018 21:14

m asking on behalf of my friend, who is having rings run around her by Executors of her late mothers Will. She too is an Executor and Trustee, but also the only beneficiary. She lives in South Africa now a days, so is not here to keep on top of everything and has no clue where to start with all this. So your help will be greatly appreciated.
The problem:
The other 2 Executors/Trustees have told my friend that they needed to apply for a Deed of Renunciation on her behalf (last year), as her living in SA is going to make things "difficult" for them to get on with doing their job here in the UK. My friend had no clue what this really meant. They have never given her a copy of such a Deed and my friend says she has never signed anything. But they have told her it is done and took £725 out of the "estate" to pay for the legal costs of having her Renounced. Which they have also never produced a receipt for either.
Is there a way we can find out if this was done or not? Can we obtain a copy of such Deed? And if so, from where? So we can find out for ourselves what exactly has or has not been done regarding this, without involving them.
The other 2 Executors are also pushing for the "House" to be put into their names and not my friend, who is the Beneficiary. There is a Clause in the Will saying her late Mothers partner can remain in the house until his death - usual stuff.
As you can tell their actions are highly suspicious and I am also gathering information regarding said actions to maybe pursue a claim for Abuse of Power on them.
Thank you in advance for any help you can offer

OP posts:
HoleyCoMoley · 15/08/2018 15:41

Im not a lawyer but as far as i know she would have to of signed the deed of renunication, its basically a document that you sign saying you no longer wish to be an executor. You need proof of this. Does she know which solicitor they used, I agree it's very suspicious. Licing overseas doesn't make any difference, my sister lives in Australia and is an executor, this is all done electronically these days. What is it they say they can't do. Has your friend seen the Will.

ArnoldBee · 15/08/2018 15:43

I would contact the probate office as it's all sounds suspicious.

ArnoldBee · 15/08/2018 15:45

www.gov.uk/wills-probate-inheritance

HoleyCoMoley · 15/08/2018 15:48

I've just googled letter of renunciation for Probate and yes I agree you need to speak to the probate office here in the UK.

Melek13 · 15/08/2018 21:15

Thank you for pointing me in the right direction guys. Much appreciated

Ive already ordered a copy of probate for her, as she hasn't even been given this! And yes my friend and I have a copy of the Will. The Will is so straightforward it couldn't be simpler. But the 2 Executors (one of them who is MY mum) are just being snidey nightmares over all this.

Yes, you are right, I found out today, I need to make a call to the probate office, which I will do once I have the copy of probate, and ask them what is going on with this so called Renunciation. And I also need to ask what/if Solicitor handled it, so I can get in touch with them also. I really doubt they actually did the Renunciation at all and are just telling my friend this to make her think she has no control. Plus made a few quid from it for themselves, hence the £725, they charged her for it. Or they have forged her signature. It can only be one of the 2.

I keep saying "I" as my friend living in SA doesn't have a land line where she is, as she lives in the sticks of Africa. So making phone calls for her is difficult and very expensive. She lives on a shoe string. And as for the post out there, its a joke. Ive been trying to send her a parcel since April this year and it only arrived 2 weeks ago! My friend and I were bought up as sisters, as our mums were best friends from kids. Hence my intense involvement, im not just some interfering friend btw haha. And I am estranged from my mother because of her nasty/sly ways. I do not trust her one iota.

I/we are also going to put a charge on the House, so the slippery buggers can't do anything under handed, like forge my friends signature. But in doing this I need to apply an OS1, which my friend will have to sign. And the government will not accept a scanned signature. So I will email her the form to sign and will have to hope on a wing and a prayer that the SA post manages to actually put it on a plane back to the UK. This will tide her over until I/we can then get the House Deeds transfered to her name. Which is another step I/we will be taking. But at this stage I don't want to alert the other 2 that I am involved now and my friend is no longer working alone and in the dark.

I know my mum and the other Executor are up to something, as the Will states the "house" has to be inspected once a year. They said they can't be bothered with all that at their age and they could employ a management company to do it on "their" behalf. Oh at a cost of £5,000 PMSL :))) (which obviously will NOT be happening) I intend to gather as much damaging information on these 2 as I can and legally crucify them

OP posts:
HoleyCoMoley · 15/08/2018 21:25

Great update.

indignatio · 15/08/2018 21:31

The renunciation needs to be filed with the oath for the Grant. Request a copy of this from the registry, this should show that it was not signed by the appropriate person.

Melek13 · 15/08/2018 22:01

Indignatio, will I be able to see this once the copy of Probate Ive ordered comes through?

OP posts:
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