Deed of Disclaimer
A Deed of Disclaimer is a document that you can execute if you wish to Disclaim an inheritance due via the Rules of Intestacy and you are not applying for probate
. A typical example of this is if a spouse of a deceased would prefer the estate passes to the children. Note the Deed of Disclaimer should not be used to bypass an inheritance just so that the disclaimer can continue to receive state benefit. This Deed of Disclaimer is supplied at a low cost of just £5.00. This Deed is supplied in Microsoft Word format along with other associated documents ready for you to edit in simple steps and is emailed straight to you once purchased. Please click on the button below to purchase online, or if you would like to pay by debit/credit card please call us free on 0800 612 6105.
Disclaimer of Interest
A Deed of Disclaimer which can also be referred to as a disclaimer of interest, once executed, need not be registered with the Probate Registry. Once the document has been executed (signed) it needs only to be handed or delivered to the person who is dealing with the estate of the deceased. When disclaiming an inheritance through this deed of disclaimer
it is important to understand that you are disclaiming the entire inheritance. If you do not wish to disclaim the entire inheritance, but would instead prefer not to receive all of the inheritance, then you may be wiser to consider a Deed of Variation
. This type of deed is very different to the deed of disclaimer, the deed of variation can be written to alter just a certain part of the inheritance.
Disclaiming an Inheritance
You should not disclaim an inheritance in order to continue to receive DWP or State benefit. If you were to execute a deed of disclaimer for the sole purpose of state benefits then you can expect the DWP or other government institution to challenge this decision. This would be referred to as "Deliberate deprivation" and could prove extremely costly. In addition although the deed of disclaimer is meant to be irrevocable it is not unheard of that they can be overturned by either the bankruptcy court or other legal jurisdictions.
If you need to Reserve Power as opposed to disclaiming an inheritance visit our specific Power Reserve Form
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