renonce à (ou refuse) l’homologation [Procédure par laquelle les tribunaux approuvent un acte et lui confèrent la force exécutoire d'une décision de justice.] GDT

"Probate": "homologation, authetification, validation" Dict. juridique fra-ang Harrap's

Et fiche 2 de Termium
https://www.btb.termiumplus.gc.ca/tpv2alpha/alpha-fra.html?l...

English term (edited): renounce/s probate

Probate doesn't rule out a 'partial intestacy', namely if some property is undisposed of, so Letters of Admin, 'cumn testamento anexo' is issued.

I have a niggling suspicion that the 'chain of representation' to take out probate or 'extract a grant of probate' - namely the widow lines up with other beneficiaries . is being subtly alluded to here, namely la représentation and not the 'drot successif' > right to inherit vs. inheritance duty as such.

*Remember: use plain legal French and keep it SIMPLE*

the "probate" is NOT something that the authorities are going to go chasing you to take - you won't ever be in position to literally "renounce" or even less to "refuse" probate.

You will have to apply for probate, and the Court is the one that can refuse to grant probate.

IOW whatever a superficial grammatical analysis would suggest this is what makes real-life sense:


*renounces probate" = do not apply for probate
or
dies without having proved my Will = do apply for probate but dies before obtaining probate.

The most literal interpretation - "if my wife obtained probate but just decided to sit on it doing nothing" is certainly not impossible (people do have all sorts of weird atitudes) but I very much doubt that such an eventuality would ever be part of a testament.


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Note added at 20 hrs (2020-12-03 14:05:20 GMT)
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What is probate?

Probate explained by probate solicitors

Probate Definition: In England and Wales Probate is the word normally used to describe the legal and financial processes involved in dealing with the property, money and possessions (called the assets) of a person who has died.

Before the next of kin or Executor named in the Will can claim, transfer, sell or distribute any of the deceased's assets they may have to apply for Probate.

When Probate has been granted through a Grant of Probate or Letters of Administration the next of kin or Executor can start to deal with the deceased person’s assets in accordance with their Will. If the deceased died without a Will the law will determine who should receive everything, see probate without a Will for complete details.

https://www.co-oplegalservices.co.uk/probate-solicitors/what...

OTOH

Form
Forms PA15 and PA16: Give up your role to manage the estate of someone who's died
Give up your role permanently as an executor or administrator to get probate to manage the estate of someone who’s died.

Published 19 July 2018
Last updated 18 February 2020 — see all updates

From:
HM Courts & Tribunals Service
Documents

Form PA15: give up your right as an executor
PDF, 60.8KB, 3 pages

Form PA16: give up your right as an administrator
PDF, 60.1KB, 3 pages

Details

Fill in either form PA15 or PA16 if you want to give up your legal responsibility and role permanently (also known as ‘renunciation’) to apply for probate to manage the estate of someone who died as either:

an executor named in their will or
their spouse or civil partner acting as an administrator

If you’re an executor
You can give up your responsibility to manage the estate so that another executor can apply for probate instead.

If you’re a spouse or civil partner
If you’re a spouse or civil partner you can give up your rights as an administrator to get letters of administration so a child of the person who died who is over 18 can get it instead.

This does not give up your claim to the estate if you’re a named beneficiary.

https://www.gov.uk/government/publications/form-pa15-apply-f...

this form is primarily about "renouncing to apply" - not applying at all, not exercising your right to apply, but it's doesn't seem to exclude the possibility of changing your mind later.



A Grant of Representation is a legal document that you may need in order to deal with a deceased person’s Estate and wind up their affairs. If the deceased left a Will, this is called a Grant of Probate. If they didn’t leave a Will, this is known as a Grant of Letters of Administration.
https://www.co-oplegalservices.co.uk/media-centre/articles-m...



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Note added at 20 hrs (2020-12-03 14:13:43 GMT)
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more

https://www.gov.uk/applying-for-probate/print