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9 N. Ir. Legal Q. 201 (1950-1952)
Intermeddling by Executors and Renunciation of Probate

handle is hein.journals/nilq9 and id is 203 raw text is: NORTHERN IRELAND LEGAL QUARTRIJY Intermeddling by Executors and Renunciation of Probate. It is well known that a person who has been naxned as executor of a will may renounce the office by filing a formal renunciation in the Probate Registry and tja an executor who has intermeddled is not in the ordinary way permitted to renounce probate.(1) The form of renunciation prescribed for use in Northern Ireland(2) contains these words:. Now I ............... do hereby declare that I have not intermeddled with the personal estate of the said deceased, and will not hereafter meddle therein, with the intent to defraud creditors . . . . The Probate Registrar will not permit to renounce'anyone who cannot say that he has not intermeddled at all or whose acts in relation to the assets of the deceased have been such as may in the Registrar's opinion amount to intermeddling. It. is, however, open to an executor who has not been, or who is advised that he would not be, permitted by the Registrar to renounce probate, to apply to the Court(3) for leave to renounce notwithstanding the fact that he may be deemed to have intermeddled in the assets of the deceased. It is with such applications that this article is concerned. Some treatment of the question will be found in Mortimer on The Law and Practice of the Probate Division (2nd ed. pp. 225-229), Miller's Irish Probate Practice (2nd ed. pp. 208-210, Tristram & Coote 19th ed. p. 322) and Williams on Executors (ttth ed. p. 194); the observations that follow are merely an attempt to summarise the effect of the authorities. Every case must depend upon its own facts. This is particularly true when, as here, the relief to be sought is within the discretion of the Court ; but this discretion, like i) A person not named as executor who intermeddles in the assets of a deceased renders himself liable as an executor de son tort by inter- meddling but he cannot be compelled Ilike a named executor) to take administTation: Goods ol Davis 4 Sw. & Tr. 213; 164 E.R. 1498. (2) R.S.O. (N.I.) Appx R. No. 2D. (1} The Queen's Bench Division (Probate).

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