Renunciation of probate (New Zealand)

Renunciation of probate - by an executor who does not want to act (and who has not already started to act)

by Kiwilaw Probate and Estates Ltd

This interview produces a deed of renunciation, which the renouncing executor will need to sign in front of a witness. The witness will also confirm that they have sighted photo ID for the renouncing executor. We recommend that the witness is a JP, solicitor, or court registrar. However, that is not essential, as long as the witness is independent and not involved with the will.

Renunciation is not possible if the executor has already started to act as executor - for instance, by uplifting the will, paying estate debts, or taking charge of estate assets.

When completing the interview, you need a copy of the will in front of you, because you need to say whether the name, address and occupation both of the deceased and of the renouncing executor are shown correctly in the will.

You also need the date of the will, and the date and place of the deceased's death.

Interview time: about 5 minutes.

Document is produced in Word and may be downloaded at the end. It will also automatically be sent to Kiwilaw. If you do not have access to Word, or if it needs editing that you are not easily able to do, please email us and we will tweak it accordingly and send it to you in PDF form (no extra charge).

The document is best suited to a renouncing executor who resides in New Zealand. However, it can be adapted if necessary for an overseas executor, by editing it slightly at the end to add the country of residence.

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