APPLYING TO THE COURT

Question 2

APPLICATION PROCESS

Answer 2

An application should be supported by:
*The will (and codicils)—plus two copies (if the original has been accidentally destroyed or lost, probate may be obtained of a copy of the will or a reconstruction of it if accompanied by an afdavit explaining);
*An official copy of the death certifcate;
*Further supporting documents, if required (see below); and
*Payment for probate fee
If all is in order, the grant is prepared and sealed by the court. It is then sent to the ‘extracting solicitor’ (that is, the solicitor who is acting for the PRs).

Question 3

ADDITIONAL REQUIREMENTS

Answer 3

Sometimes, further evidence is required by the court before issuing a grant. This may include:

1. *Evidence of due execution of the will—by, for example, a witness (or someone else who was present at the sign-ing) via an affidavit of due execution—if the attestation clause is absent or does not cover the particular circum-stances;
2. An affidavit confrming the deceased’s full name and explaining that they signed the will in a shorter name;
3. Evidence of knowledge and approval of the will’s con-tents—again, **if the attestation clause does not cover this, **then an **affidavit may be required, normally by an attest-ing witness (this may arise when the testator was blind, illiterate, or frail **or when there were suspicious circum-stances);
4. Because unexecuted obliterations,interlineations, or oth-er alterations are presumed to be made after execution of the will and are therefore inadmissible, an affidavit is needed to confrm whether each such alteration existed at the date of execution;
5. Documents referred to in the will;
6. An affidavit from a witness if there is uncertainty about the date the will was executed; and
7. If there was an attempted revocation, an affidavit of ‘plight and condition’ may be necessary. This includes the situation where the presence of pin or stable marks suggests revocation by a later will or codicil. The affidavit will confrm that the will is in the same plight and condition as when it was found after the testator’s death except for the marks or alterations that can be seen and explained.

The court will accept statements of truth in place of afdavits

Question 4

CAVEATS

Answer 4

A person can lodge a caveat with HMCTS Probate Service to prevent the issue of a grant of representation. The ‘caveator’ might do this if they are a beneficiary and they believe that the executor named in the will lacks mental capacity to act or that the will is invalid. Caveats are** valid for up to six months. **
If the matter cannot be resolved, it may end up with a judge
determining the issue.

Question 5

Citation to Take Probate

Answer 5

1. A citation to take probate may be used when an executor has lost their right to renounce probate by intermeddling in the estate but has not applied for a grant and does not intend to do so.
2. Once cited by HMCTS Probate, the executor must proceed with an application for a grant of probate. If they still refuse to act, the citor can apply for a court order allowing the executor to be passed over. A grant of letters of adminis-
   tration with will annexed can then be applied for.

Question 6

Citation to Accept or Refuse Grant

Answer 6

1. A citation to accept or refuse a grant is used to clear of a person with a prior right to any type of grant who has not applied, and shows no intention of applying, for a grant.
2. If the cited person does not take out a grant, a grant may be issued to the citor.
3. Alternatively, it may be easier and quicker
   to apply to HMCTS for an order **passing over **an unwilling applicant in favour of someone else.