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Mum to Renounce Entitlement to Inherit - Would Fall to Me (But Only I Can Help)

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  • Mum to Renounce Entitlement to Inherit - Would Fall to Me (But Only I Can Help)

    Hi there,

    My Uncle passed away on the 5th July 2021. Unfortunately, he did not leave a Will, and with no living biological parents, and no children of his own I believe his next of kin is my mum (his only sibling).

    My mum is profoundly deaf and admits herself that she would be unable to deal with this responsibility as she has always struggled to manage her own financial and general affairs, and this was always taken care of by her mum until she passed away in 2017, and since then it has fallen to me to ensure she is financially stable and taken care of however she needs. For example, any letters that come through I need to deal with on her behalf, I help her to manage bills and medical appointments etc.

    Previously I have spoken to a solicitor about how we would arrange for me to get the Power of Attorney to deal with the estate instead of mum.

    Since then, I have spoken to my mum who has said that in addition to not dealing with the Estate and letters of Administration, she also does not want to inherit anything, and therefore I believe this is termed as “renouncing her entitlement” as next of kin. She has decided this for various reasons which include, knowing that she would struggle to manage it herself. Also, she currently receives government benefits, and has arrangements in place to support with her rent and housing which she does not want to lose. She knows that she could not manage her finances herself and has said she would be happy for me to inherit the Estate as the next of kin after herself (I have no siblings of my own).

    My solicitor has since advised that in this case, my mum will need to seek legal advice from her own independent solicitor for them to confirm that she understands what she would be signing to renounce her entitlement. I was just worried about how much I can do her to support my mum organising this but also trying not to get too involved. I don't want to overstep the mark in anyway, in case it looks as though I'm trying to pull all the strings for it to work out in my favour, but my mum hasn't got anyone else to help her book this separate appointment with a solicitor and her ability to communicate the situation as it stands would be very limited.

    I suppose my questions at this point are:
    1 - Could I book the independent solicitor appointment for her, and give them a brief explanation of the situation myself?
    2 - Is there a time limit on how long it can take to sort out the Estate before it is claimed by the government (or whoever it would be), as I'm worried this process is taking a while?
    3 - Is there an option I haven't considered that would be better suited to dealing with the Estate in our situation?

    Any advice would be greatly appreciated.

    Many thanks!
    Tags: None

  • #2

    1. Yes, and then allow your mother to attend the appointment without your presence
    2.No
    3. Don't know, but be aware that if your mother disclaims or varies her inheritance it will be regarded as deprivation of assets if she is in receipt of means tested benefits, which will then be affected

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