Chapter 9: Applying to Court

Question 1

Which five things must be included in an application for grant of probate and letters of administration with will annexed?

Answer 1

1. The original will with any codicil
2. Two copies of the will
3. An official copy of the death certificate
4. Tax form indicating that no IHT was payable or that IHT has been paid
5. Probate court fees

Question 2

What must be included in an application for grant of letters of administration?

Answer 2

The same as what must be included in an application for a grant of probate minus the will

Question 3

What must be included in an appplication if a will does not include an attestation clause?

Answer 3

An affadavit of due execution must be included from a witness or other person present when the will was executed

Question 4

What must be included in an appplication if a will contains unexecuted obliterations, interlineations or other alterations?

Answer 4

An affidavit confirming whether each alteration existed at the date of execution

Otherwise, alteration presumed to be made after execution & ineffective

Question 5

What is a caveat?

Answer 5

A beneficiary can lodge a caveat with the Probate Service to prevent the issue of a grant of representation

Question 6

Can anyone lodge a caveat with the Probate Service?

Answer 6

No, must be a beneficiary

Question 7

In which two circumstances will a caveat be lodged?

Answer 7

1. If the beneficiary believes that the executor named in the will lacks mental capacity to act
2. If the beneficiary believes that the will is invalid

Question 8

For how long are caveats valid?

Answer 8

Up to six months

Question 9

If a caveat has been lodged but the matter cannot be resolved, what may happen?

Answer 9

A judge may determine the issue

Question 10

What is a citation to take probate?

Answer 10

Used when an exeutor has lost their right to renounce probate by intermeddling but has not applied for a grant of probate and does not intend to

Question 11

If after a citation to take probate has been lodged and an executor still refuses to act, what can a citor do?

Answer 11

• Apply for a court order allowing the executor to be passed over
• An application can then be made for a grant of letters of administration with will annexed

Question 12

What is a citation to accept or refuse grant?

Answer 12

• Used to clear off a person with a prior right to any type of grant who has not applied and shows no intention of applying
• If the cited person does not take out a grant, the grant may be issued to the citor