# Father dies intestate - Children don't want their one-third share



## eggerb (11 Jan 2008)

My father died intestate leaving behind the family home and modest savings. He is survived by my mother and four children (including me). I understand that his estate (including the family home as it was in his sole name) is required by the Sucession Act to be split two-thirds to my mother and one-third divided equally between the 4 children.

My siblings and I (100% agreement) want my mother to get everything and want her to get the house into her sole name so that she can sell it if she so decides. We don't want our one-third share.

What is the process and/or options for us to renounce our rights and ensure my mother gets everything? I intend to make a personal application to the Probate Office to be appointed administrator of his estate. 

Many thanks.


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## Stifster (11 Jan 2008)

Each of the children have to formally renounce their share. It is a relatively straightforward and common procedure and most solicitors should be able to do it for you for a reasonable sum.


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## eggerb (11 Jan 2008)

Is there a legal term for this process of renouncing their share or simply 'renouncing their share'? The only reference I could find in the Succession Act to renouncing was the right of a spouse to renounce certain rights. I seen in previous threads reference to 'Deed of Family Arrangement' or something like that. What that? Are there other options?

So, my plan is:

1. Make a personal application for Probate;
2. Get a solicitor to write up the necessary paperwork for the children to renounce their share to my fathers estate;
3. Start the process to transfer the house to my mother (preferably with the same solicitor).

Does this sound like a plan? Any thoughts anybody?


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## Stifster (11 Jan 2008)

eggerb said:


> Is there a legal term for this process of renouncing their share or simply 'renouncing their share'? The only reference I could find in the Succession Act to renouncing was the right of a spouse to renounce certain rights. I seen in previous threads references to 'Deeds of Family Arrangements' or something like that.
> 
> So, my plan is:
> 
> ...


 
You will be applying for letters of administration and if you have the time then there is no reason not to do it personally. 

You will certainly benefit from economies of scale if you use the same solicitor and i think you are correct it is a deed of family arrangement.


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## aisling o'b (11 Jan 2008)

eggerb said:


> My siblings and I (100% agreement) want my mother to get everything and want her to get the house into her sole name so that she can sell it if she so decides. We don't want our one-third share.


 
Is it not the case that the children must take their one-third share? I've never heard of renouncing your rights to inheritance.


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## Nige (11 Jan 2008)

aisling o'b said:


> Is it not the case that the children must take their one-third share? I've never heard of renouncing your rights to inheritance.


 
No, the law cannot force someone to take an inheritance they don't want.


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## eggerb (11 Jan 2008)

Stifster said:


> ... think you are correct it is a deed of family arrangement.


 
Or 'Deed of Variation' I have seen it referred to as well. Maybe either terms are only used when when there is will though?


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## Stifster (11 Jan 2008)

eggerb said:


> Or 'Deed of Variation' I have seen it referred to as well. Maybe either terms are only used when when there is will though?


 
I actually thought it was only to do with a will but it is mentioned in a Law Reform Commission report in relation to an intestacy.


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## FKH (15 Jan 2008)

Your mother is the next entitled to extract the Grant of Administration rather than any of her children however she can nominate a child to extract the grant with her.

Each child can simply sign a deed disclaiming their rights to a share of the estate. You should not disclaim in favour of anyone specifically, just disclaim generally.

Once the grant issues the administrator uses a Deed of Assent to vest the property in the name of your mother. (technically your mother will vest the property in herself)


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## eggerb (15 Jan 2008)

FKH said:


> Your mother is the next entitled to extract the Grant of Administration rather than any of her children however she can nominate a child to extract the grant with her.
> 
> Each child can simply sign a deed disclaiming their rights to a share of the estate. You should not disclaim in favour of anyone specifically, just disclaim generally.
> 
> Once the grant issues the administrator uses a Deed of Assent to vest the property in the name of your mother. (technically your mother will vest the property in herself)


 
Thanks for the replies all. It will definitely fall on me to extract the Grant of Administration. My mother didn't even want to look at the funeral bill and she has already started delivering the paperwork to my house! I'm happy enough to do what I can without getting dragged into a legal mine-field. 

I'm assuming that I'll need a solicitor after the Grant of Administration issues? What sort of money would I be looking at to have the disclaiming deeds and the Deed of Assent written up? If a Deed of Assent is written up, will it need to be registered with the Land Registry and stamped by the Revenue etc?


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## eggerb (7 Feb 2008)

I'm making a personal application for probate. The probate office sent me a form for my mother to complete renouncing her right to extract a Grant of Administration. That's fine. 
I mentioned to the person from the Probate Office who called me about the form for my mother that the children didn't want a share in the estate. She sent me out a form on a blank normal A4 sheet as follows:

"I .......... wish to disclaim my inheritance in the estate of the late ......... who died on ....... Signed ...... date ......"

Now here's the bit that has me confused: it had a hand written post-it on it saying _"I think this is just for the Revenue. You can make a few copies yourself"_. Do I need to have this completed then prior to probate because I'm assuming that there will be additional signing to be done before a Deed of Assent can be written up?


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## eggerb (8 Feb 2008)

Stifster said:


> Each of the children have to formally renounce their share. It is a relatively straightforward and common procedure and most solicitors should be able to do it for you for a reasonable sum.


 
I have been quoted €1000 + VAT + outlays to draft the disclaimers, the Deed of Assent and register the documents. This sounds reasonable to me? Any thoughts anybody? What registration will need to be done? (Presumably Land Registry & possibly the Revenue?)


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