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Renunciation ?

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  • Renunciation ?

    I’m age 76 and wanting to do for my late son what I know he would have wanted. He died intestate so I await Grant Of Probate. His very small estate consists of a small house which I and my ex wife inherit. He had a partner of 16 years but never married. I want the house to go to his partner and I think my ex wife thinks the same and I’ve written to her twice for her agreement but she has not replied. I don’t think I can proceed without her agreement so would appreciate some suggestions on what I should do next.

    Thank you.
    Tags: None

  • #2
    After someone dies, it is possible for the Beneficiaries of their Estate to make changes to the distribution of the Estate, instead of directly following the Rules of intestacy. This can be done using a Deed of Variation, also known as an Instrument of Variation.

    If your ex wife refuses to cooperate (do you have any idea why she might be uncooperative?) I doubt there is little you can do directly, although you can act independently with regards to your share and ensure your son's partner receives at least 50% of the estate.
    However your late son's partner could then make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 with a view to obtaining the other 50%
    Technically she would claim against you as administrator, but in fact litigation would be against your ex wife and you remain neutral.
    There are cost implications and she would be wise to take legal advice.

    Best way forward though is by agreement of all parties

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