Chapter 9 - Renunciations

Question 1

RENUNCIATIONS

Overview

Answer 1

1) Meaning & effect
2) Types of renunciations
3) Retraction of renunciations

Question 2

RENUNCIATIONS

Meaning

Answer 2

• anyone who has a right to administration or grant of probate can renounce his right to it;
• this does not mean he is renouncing his benefit.

Question 3

RENUNCIATIONS

Effect of renunciation

Answer 3

S.10 PAA

The renunciation shall preclude the person so renouncing from applying thereafter for representation

Question 4

TYPES OF RENUNCIATIONS

Overview

Answer 4

1) Express renunciation

2) Constructive renunciation

Question 5

TYPES OF RENUNCIATIONS

Express renunciations

Answer 5

1) S.8 PAA

• made orally on the hearing of any petition of probate; or
• in writing signed by the person renouncing the rights + attested by an advocate or by any person before whom an affidavit may be sworn.

2) O.71, r.31
- written renunciation is in Form 160

Question 6

TYPES OF RENUNCIATIONS

Constructive renunciations

Answer 6

S.9 PAA

• any person having/claiming interest in the estate may direct a citation to the executor or to any person who has a prior right to representation calling them to accept or renounce the right.

Question 7

RETRACTION OF RENUNCIATIONS

The law

• benefit of the estate;
• benefit of those interested under the will or intestacy.

Answer 7

S.10 PAA

• the Court may at any time allow withdrawal of renunciation for the purpose of taking a grant, if it is shown that the withdrawal is for the benefit of the estate or of those interested under the will or intestacy.

Question 8

RETRACTION OF RENUNCIATIONS

The procedure

Test: exceptional circumstances

Answer 8

O.71, r.31(3)

• may be retracted at any time with leave of court;
• only in exceptional circumstances leave will be granted