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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11137
Experience:  30 years as a practising solicitor.
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Hi thanks for your help with my will I have been invited

This answer was rated:

Hi

thanks for your help with my will

I have been invited to ask another question by Justanswer

the template you sent me for renouncing rights to a will, see below, will it be acceptable by a probate office as evidence that...as they ask it........(Has the legitim fund been discharged, found on HMRC IHT400) ?

Would the discharge of the legitim fund been even stronger if my son also signed a document worded as follows :-

I, (......) have signed a document to IRREVOCABLY RENOUNCE all my rights competent to me in the estate of the late (......).

I signed the said document after being advised of the following :-


1. After signing said document I cannot re-instate my legal rights

2. Before signing the said document I was advised that I have an entitlement to claim a 1/4 (25%)SHARE of the net moveable estate of my father the said (......) who formerly resided at (......)

3. although full accounts of my fathers estate were not yet available I was advised my 1/4 (25%) SHARE would amount to tens of thousands of pounds.

4. after signing the said document the whole of my fathers estate would be inherited by my brother the said (......)

IN WITNESS WHEREOF : these presents are subscribed by me.

At

On the day of :-

before the following witness


below is the template you originally sent me which I will use to discharge the legitim fund

I, [] residing at [] considering that I have been advised that I have an entitlement to claim a [] SHARE of the net moveable estate of my [] the said [] who formerly resided at [] and who died on [] and that I should take independent legal advise regarding the same DO HEREBY IRREVOCABLY RENOUNCE all my rights competent to me in the estate of the late []. IN WITNESS WHEREOF: these presents are subscribed by me

At (place)

on theday of

before the following witness

(Witness)


(Full name and address)

Regards
Derek
Thank you for your question.

You can ask him to sign this but it's not necessary in my view. The renunciation I sent you is sufficient.

I hope this helps. Please leave a positive response so that I am credited for my time.
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