Applying to the court Flashcards
ο»ΏWhat documents are needed for an application for a Grant of Probate?
- Two copies of the will.
What documents are needed for an application for a Grant of Probate?
- An official copy of the death certificate.
What documents are needed for an application for a Grant of Probate?
- A tax form indicating either that no Inheritance Tax (IHT) was payable or that IHT has been paid.
What documents are needed for an application for a Grant of Probate?
- Probate court fees.
What is required for an application for Letters of Administration?
The application is similar to that for a Grant of Probate:
What is required for an application for Letters of Administration?
β’ If applying for Letters with Will Annexed, include the will.
What is required for an application for Letters of Administration?
β’ If there is no will, the application does not need to include a will.
What should be included if the will does not have an attestation clause or has unexecuted alterations?
An affidavit of due execution must be included from a witness or other person present at the time the will was executed. If there are unexecuted alterations, an affidavit must confirm whether each alteration existed at the date of execution.
What is a caveat and what is its purpose?
A caveat is lodged if a beneficiary believes the will may be invalid. It puts administration on hold and is valid for up to 6 months. If the issue cannot be resolved, it may be determined by a judge.
What can an interested party do if someone with a prior right to a grant has not applied?
They may ask the Probate Registry to issue a citation to accept or refuse the grant to that person, especially if the person shows no intention of applying for a grant.
