How to opt out of probate ?

T

thelad77

Registered User
Messages
90
I, m in the process of closing down a bank account of a deceased relative , all that is in the estate is 1 bank account .
one sister wants to opt out, eg she does not want to recieve any money from the bank account.
So the balance will be shared equally from between the next of kin, apart from her.
the account is under 25k so according the the bank website the account will be closed if i provide all the required documents ,i,d,certified ID,S copys ,utilty bills etc from the next of kin
without using the services of a solicitor. there is no will .

How does one opt out of the process,

is it simply send a letter to the bank , i do not wish to receive any money or payment from the bank account of this person,
the next of kin listed on the small claims form will receive equal payments as per the rules of the bank small claims process .

does she have to provide ID , a utility bill , proof of adress to the bank in order to opt out or disclaim herself from the small claims application .
is there any other documents she needs to provide to the bank.

at the moment i am getting all the certified copys and IDs ready for each person ,each next of kin before i go back to the bank.
i do not want to fill out the small claims form until i have all the info i need .
she lives outside ireland so she would have to send the letter and documents by post to me or else email me photocopys of the documents /letter .


i know someone who opted out of a will about 5 years ago , eg they simply wrote a letter and signed it , and gave it to the executor of the will
eg my name is joe blogs

name and adress , date ....
joe bloggs,
i do not want to recieve any payment or part of the estate of john smith
i disclaim or opt out from recieving any payment from the will of john smith

I understand i could choose to recieve a payment of 3000 euro,s as i am named in the will to be paid 3000 euros from the estate of john smith

signed joe bloggs date ...... etc

if anyone has any advice or info on this matter i would appreciate it .
 
I wonder is the bank even going to send you out two cheques not to mind three! I would have thought they would just close it and send to whoever submitted the paperwork and up to yourselves after that to sort it out. Maybe ask the bank what their procedure is when closing accounts like this.
 
It isn't clear that if she disclaims her share of the inheritance, that it will be shared equally by the rest - it goes into the residue of the estate and is shared according to the rules governing the residue.
 
Is there a Will and Executor?
I am not clear on why the Small Claims Procedure is an issue?
Was it a single or joint account?
W
 
You should contact the Bereavement Section of the concerned bank and ask them what you must do to have them release the deceased's funds under the Small Estates Procedure. This varies between the banks but includes filling in an indemnity form. The bank will then transfer the money to your bank account.
As for the sister who wishes to disclaim her inheritance this may have tax implications and you could consult other posts on AAM about it e.g. https://askaboutmoney.com/threads/tax-implications-of-disclaiming-inheritance.219330/
 
Last edited:
There is no will .
the bank gave me a small claims form to fill ,
i,m the executor.
it says if the balance is under 25 k then i can close down the account ,
i need to provide ID , certified copys, proof of adress,copys etc ,for next of kin .eg copys for each person name on the form.
when the form is processed the account is closed the balanced is closed ,the money sent to each person,eg next of kin named don the form.

Single account , single person, eg not a joint account. standard current account, the balance is 18-20 k approx .
eg the deceased person was not married , lived alone .

has anyone got advice as to someone opts out of this process ,

say person x does not want to be involved , eg one sister does not want any money or any payment from the bank account.
do i just ask her to send me a letter eg i mary kelly do not want to receive any payment or any share from the probate or bank account of tim kelly ,, the owner of the account .
i understand the account of tim kelly will be closed by bank xxx and the money will be divided amongst the next of kin, excluding me.
i will not expect or ask to recieve any payment from the executor or any other person in respect of the probate of tim kelly
i understand the remaining balance of bank xx account holder tim kelly will be divided amongst the next of kin

signed mary kelly date ....2020

its not an issue, i just want to know to to allow one sister to opt out of the small claims procedure ,this is an irish bank.

she wants the balance to be divided amongst the next of kin,
eg she does not wish to receive any payment or share from the single bank account .
there are no assets or shares to divide apart from the money in this irish bank
 
Last edited:
Are you sure that the bank want the details of all the beneficiaries?
If you are the executor or administrator of the estate , why are they not sending you all the money for you to distribute
 
I'm in the process of filling In a small claims form from the bank,
On the form it says next of kin.
Each person named on the form must provide certified copy's of I'd eg drivers licence , or passport,
Proof of address, esb or gas bill
I presume the bank will then send the money to each person named on the form in equal amounts after the form is processed
 
On the form is Says is there a will
Answer

No.

Executors name .. My name
I, ll provide certified copy's is, proof of address, bank statement 2 months old.
I could upload image of form here
If that helps
It's not filled out
It says page 1 name of executor
All names of next of kin
, eg beneficiary's
Amount in bank is 18k apprix
 
Simply get you sister to sign a disclaimer. Ideally this would be a deed would be registered with the Registry of Deeds but this isn't necessary. I mean the Disclaimer IS necessary but Registering it is not strictly speaking necessary.

See LAW SOCIETY OF IRELAND DRAFT DISCLAIMER:
Disclaimers on intestacy - 1998
Conveyancing01/07/1998
Practitioners will have noted the practice note from the Taxation Committee in the Gazette of August/September 1997 arising from section 72A of the Succession Act, 1965 (as inserted by section 6 of the Family Law (Miscellaneous Provisions) Act, 1997).
A precedent disclaimer on intestacy as drafted by the Conveyancing Committee appears below. A number of points should be noted in relation to the execution of such a disclaimer:
1. It is desirable that the person disclaiming should be advised by an independent solicitor which will usually mean a solicitor who is not acting for either the personal representative or any person who will benefit from the execution of the disclaimer. Such solicitor, should, if possible, witness the execution of the disclaimer
2. The independent solicitor should explain the implications of the disclaimer and, ideally, should confirm his advice in writing. This will involve inquiries being made by the solicitor as to the assets and next of kin of the deceased. The person disclaiming should be made aware of:
a) The share of the estate to which he is entitled
b) The assets owned by the deceased, an estimate of their value and the approximate value of the share being disclaimed
c) Any relevant tax liabilities which might arise if the disclaimer was not signed
d) The effect of signing the disclaimer (and, in particular, to whom the disclaimed share will pass pursuant to section 72A)
It should be noted that apart from losing an entitlement to a share of the estate, the person disclaiming will also lose any right he may have to extract a grant of representation to the estate of the deceased in accordance with rule 79(5) RSC 1986 – unless a grant has been extracted before the disclaimer is signed. In the event of a disclaimer being signed after the person disclaiming has applied for a grant but before the grant has issued, the application should be withdrawn as the applicant would no longer be one of ‘the persons having a beneficial interest’ as provided for in rule 79(5).
It should also be noted that if an applicant’s right to a grant arises from a disclaimer having been signed by a person who had a prior right, then the original of such disclaimer must be exhibited with the oath for administrator and lodged in the Probate Office.
If a husband, separated from his wife, does not wish to benefit from her estate, and there being no issue, he should sign a disclaimer which should be exhibited in the Oath for Administrator and lodged in the Probate Office who can then proceed on the basis that he predeceased his wife. (They could not proceed on that basis if only a renunciation was filed: in this example, there would then be no person next in order of priority to extract a grant.) It would not be necessary to refer to a disclaimer if the person disclaiming had an equal right, rather than a prior right, to apply for a grant – being one of a number of children, for example.
If an original disclaimer is required for some other purpose, it would be desirable to have the disclaimer executed in duplicate.
As a person disclaiming is probably doing so to benefit another person, it is important to read section 72A carefully. (It would be a mistake, for example, for the brother of a deceased person to think he could benefit his own children by disclaiming a benefit to which he is entitled under the deceased’s intestacy.)

THIS IS A SAMPLE DISCLAIMER:

Disclaimer of AB on death
intestate of CD
Obit .............. day of .............. 19 .......
This deed of disclaimer is made this .............. day of .............. 19 ....... by me AB (occupation) of .............. in the County of ..............
Whereas:
1 CD ............. late of .............. (hereinafter called ‘the deceased’) died on the .............. day of .............. 19 ....... having died intestate as to the interest hereby disclaimed.
2 The deceased was (marital status) and (occupation) and was survived by (state if survived by, for example, a spouse and two children or as the case may be).
3 I was a (relationship) of the deceased and, as such, I am entitled to a (for example, one sixth or as the case may be) share of the deceased’s estate (or of that part of the deceased’s estate as to which he died intestate) (hereinafter called ‘the said share’) under the rules for distribution on intestacy set out in the Succession Act, 1965.
4 I have not accepted the said share from the personal representative of the deceased or otherwise nor have I exercised any degree of beneficial ownership, control or possession in respect of the said share.
Now it is hereby witnessed that I hereby irrevocably disclaim absolutely all my right to the said share
(Insert the following paragraph unless a grant has already issued to person disclaiming or he has already signed a renunciation.)
And I hereby acknowledge that on the execution by me of this disclaimer I will lose any right I may have (by virtue of my entitlement to the said share) to extract a grant of administration to the estate of the deceased.
In witness whereof I have hereunto set my hand and affixed my seal the day and year first above written.
Signed, sealed and delivered
by the said AB in the presence of:

My comment:
This is a very small estate and there is no need to over complicate things. You will probably have to sign an indemnity to the bank before they will issue the proceeds without Letters of Administration.
Once this disclaimer is signed and witnessed I do not think I personally would advise the bank of this disclaimer nor provide the bank with any information regarding your sister and merely proceed on the basis your sister who has disclaimied her entitlement didn't exist and divide the proceeds amongst the remaining beneficiaries entitled to an intestate share as if she did not exist (after valid debts of the estate have been paid). Note I am not a practising Solicitor and this is merely what I personally would do. If in doubt speak to a solicitor. I admire your sister for disclaiming her share.
 
Last edited:
You must log in or register to reply here.
Back
Top