applying to the court

Question 1

Can online grant applications be made for personal applications by executors when there is a will or in limited intestacy situations?

Answer 1

Yes, online grant applications are now permissible in these cases.

Question 2

What needs to be physically sent to the Probate Registry when registering online?

Answer 2

Originals of documents still need to be physically sent to the Probate Registry.

Question 3

What should an application via the relevant probate form be supported by?

Answer 3

The will and codicils, an official copy of the death certificate, further supporting documents, the relevant inheritance tax form, and payment for probate fees.

Question 4

What happens if a will has been accidentally destroyed or lost?

Answer 4

Probate may be obtained from a copy of the will or a reconstruction of it, supported by an affidavit.

Question 5

How long does it usually take for the grant to be sent to the extracting solicitor after the application is lodged?

Answer 5

The grant is usually sent within 14 days of the application being lodged.

Question 6

What are the two different probate application forms?

Answer 6

Form PA1P is used when there is a will, and Form PA1A is used when there is no will.

Question 7

When did the mandatory use of PA1 forms for practitioners begin?

Answer 7

Mandatory use of PA1 forms for practitioners began on 18 May 2020.

Question 8

What are the main sections of Form PA1P?

Answer 8

Checklist, Section A (Details of the Grant Applicants), Section B (Details of the Deceased, Will and Codicils, Details of Relatives of Deceased, Applying as Attorney, and Foreign Domicile).

Question 9

What information should be provided in Section A of Form PA1P?

Answer 9

Details of the applicants for the grant and their legal representative (authorized probate practitioner), if applicable.

Question 10

What information should be provided in Section A of Form PA1P?

Answer 10

Details of the applicants for the grant and their legal representative (authorized probate practitioner), if applicable.

Question 11

In Form PA1P, what does Section B require regarding the will and codicils?

Answer 11

Details of the will and any codicils, details of non-applying executors, confirmation of notice to executors with power reserved, and whether the will has been altered for copying purposes.

Question 12

What is the purpose of the Inheritance Tax Summary section in the probate application?

Answer 12

To provide information on the value of the estate, based on the submitted IHT form, and the IHT identifier (HMRC reference number).

Question 13

What is the Legal Statement in Form PA1P?

Answer 13

A statement signed by the applicants or probate practitioner, confirming they will follow the law, keep account of the estate, provide estate accounts if requested, and understand their legal obligations for truthful and honest returns.

Question 14

What is the main difference between Form PA1A and Form PA1P?

Answer 14

Form PA1A does not contain a section on wills, and it requires more information about the deceased’s relatives to determine who is entitled to take out the grant.

Question 15

What must an applicant in Form PA1A have in relation to the estate?

Answer 15

A beneficial interest in the estate as a consequence of the intestacy rules, stating their relationship to the deceased and whether they are solely entitled or share the estate.

Question 16

What are some examples of additional evidence that may be required by the court before issuing a grant?

Answer 16

Evidence of due execution, affidavits confirming the deceased’s full name or knowledge and approval of the will’s contents, documents referred to in the will, and affidavits in cases of uncertainty about the date of execution or attempted revocation.