How valid is self typed doc renouncing inheritance

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Subtitle

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


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.
 
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 ".
 
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.
 
Subtitle said:
Please read my post again, you are misquoting me?
Click to expand...

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.
Click to expand...
 
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?
Click to expand...

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