Who Can Witness Someone Renounce an Executor Position in Manitoba?

January 11, 2021 7:40 PM

Pretty straightforward, I think? Who can sign as witness on a 74O Renunciation of Probate or Administration with the Will Annexed form and complete the 74T.1 Affidavit of Execution of Renunciation in the Province of Manitoba? Anyone? Anyone not named as a beneficiary? Some other determinant?

Please help. My brain hurts and Googling is proving elusive.

posted by joelhunt to Law & Government (1 answer total)

IANAL but have read a bit on executor duties and probate law. The form 74T.1Affidavit of Execution of Renunciation pretty much describes the requirements. It basically gets the witness to declare:

1.That I was personally present and did see the within (or annexed) renunciation duly signed by the party therein named.
2.That I know the party so signing and that he/she is of the full age of 18 years.
3.That the renunciation was signed by the party at the City of ___, in the Province of Manitoba.
4.That I am a subscribing witness to the signature.
5.That before signing, the renunciation was read over and explained to [you the renouncer], who appeared to understand the same and made his/her mark thereto in my presence.

In a nutshell: The witness has to be there, know you, vouch that you are over 18, hear the renunciation read to you and see that you understand it.

You don't mention what phase this process is in, so I'll just add this caution in case you're at the beginning. One rule that is carved in stone is that you can only renounce at the very beginning of the estate, before you do anything to act as executor, or to make people think you are acting as the executor. Taking steps as executor even though you plan to renounce is known as "intermeddling." If you decide to renounce, part of the document you sign will be a sworn statement that you have not intermeddled in the estate. Note that paying for the funeral and paying bills isn't considered intermeddling.

Source: "How Executors Avoid Personal Liability," by Lynne Butler. I highly recommend this book for a more detailed look at the probate process and estate administration than can be found on the Manitoba site.
posted by Hardcore Poser at 11:57 PM on January 11 [2 favorites]