Title on Renunciations and Other Forms

14 March 2024

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Just a quick note to say that if you are submitting renunciations or powers of attorney with your oaths, its important that you replicate the title on these forms just as much as in the oath. Otherwise, your application will be queried.

There is no clear indication that this is the position, because the main section related to renunciations under Order 79 is rule 38 which states

38. No person who renounces of a will or letters of administration of the estate of a deceased person, in one character, shall be allowed to obtain representation to the same deceased in another character, unless the Court shall otherwise order.

So what this rule is saying is that a person who renounces as an executor cannot then come along and act as an executor say in the position of residuary beneficiary. However, the rule doesn’t mention anything about the need to recite title in the renunciation.

It appears that this requirement is a matter of practice of the probate office. Obviously, these types of rules make life for the practitioner all the harder. One can only learn such rules through painful experience and trial and error.

To assist practitioners I have attached with this blog a suggested form of wording to be inserted into a renunciation. This wording is based on an example of where a hsuband appointed his wife in his will as executor, but the wife pre-deceased and the children are taking up the executorship. However, each case is different and each title is different and drafting would have to be done in accordance with the facts of a particular case. However, be that as it may, this would be a good starting point.

Hope this helps and if you have any probate, tax, capacity or will drafting queries please do not hesitate to contact me on colm@theprobatehub.ie