# How valid is self typed doc renouncing inheritance



## Subtitle (24 Sep 2011)

Friends Situation:

 She types up a document stating that she will renounce her mothers inheritance in favour of her two brothers who live and own their own houses adjacent to said land. She signs this doc  and it is witnessed by one of the two brothers.

 To clarify, this was not drawn up by a solicitor and my friend acknowledges that she instigated the drawing up and typed out this document.

The mothers will goes to probate. The executor believes that the document is valid at that time.

After probate the friend decided that she changed her mind. 

Can the executor use this doc  to legally  finalise the administration of the will?


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## Setanta12 (24 Sep 2011)

Not being a legal person; I'd imagine it depends on who the document was given to or shown to.

If it rests between brother and sister without been seen anywhere else, or the existance of the document was never mentioned by the sister to anyone - then, in my amateur/non-legal-expert mind, it would come down to a 'she said/he said' argument.

Otherwise if its been communicated by the sister or the document has been seen by others, then I guess, the renunciation stands.


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## ajapale (24 Sep 2011)

What does "renounce her mother's will" mean? Is there provision for this in Irish law?

Why did your friend not consult a solicitor intitially and why does she not consult her solicitor now?


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## Slim (24 Sep 2011)

Your friend needs proper legal advice. This is too important a matter to rely on opinions on AAM.


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## hastalavista (25 Sep 2011)

AFAIK witness cannot be beneficiary as is the case here so renouncement  may be invalid


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## Subtitle (27 Sep 2011)

ajapale said:


> What does "renounce her mother's will" mean? Is there provision for this in Irish law?
> 
> Why did your friend not consult a solicitor intitially and why does she not consult her solicitor now.


 

Please read my post again, you are misquoting me?

As for your question, I don't know. 


For those that contributed with constructive  advice, thank you. The friend has got an appointment with her solicitor this week. I'll keep you informed if I can.


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## Deiseblue (27 Sep 2011)

Your friend has done the right thing in seeking legal advice.

However , I believe as she has disclaimed her inheritance in writing I do believe that such a disclaimer is irrevocable & I would be quite pessimistic about her chances of reversing the position.

There is an amount of information available simply by googling " disclaiming an inheritance ".


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## Joe_90 (27 Sep 2011)

Not a legal person but a disclaimer in favour of someone is not effective.  You can only disclaim, with the inheritance going back into the residue.


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## ajapale (27 Sep 2011)

Subtitle said:


> Please read my post again, you are misquoting me?



I didnt mean to misquote you but you must explain what precisely you understand by "_she will renounce her mothers inheritance_" in order to get good answers to your question.

DeisieBlue suggests that you mean "_disclaiming an inheritance_": is this what you mean?

See here for similar questions from AAM:
_Disclaiming_ part of an _inheritance_‎ - 15 Jul 2011
Deed of Variation (of a Will)‎ - 4 Aug 2008
Giving up an _inheritance_‎ - 9 Jun 2008
Dividing _inheritance_ to even out pre- and post-death benefits *...*‎ - 4 Dec 2006




4th estate said:


> You can "disclaim" your inheritance either  under a will or an intestacy. When you disclaim you are deemed never to  have taken your inheritance, and are not liable to inheritance tax.
> If your brother pays you for disclaiming your share (consideration),  then the amount he pays you is deemed to come from your aunt as an  inheritance, and you may be liable to inheritance tax on that, depending  on the usual rules.
> Be careful when drawing up a disclaimer, there are rules out there about  who gets what and where the disclaimed inheritance goes, so it might  not always work out the way you want.
> But you CAN do it, just make sure you get good legal advice to ensure you achieve the result you want.


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## Subtitle (27 Sep 2011)

ajapale said:


> I didnt mean to misquote you but you must explain what precisely you understand by "_she will renounce her mothers inheritance_" in order to get good answers to your question.
> 
> DeisieBlue suggests that you mean "_disclaiming an inheritance_": is this what you mean?


 
*Thank you ajapale that IS what I meant, my apologies. *
*Those links are much appreciated as well.*


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