Exceutors applying for a grant of probate Flashcards
What form must executors use when applying for a grant of probate?
Executors must apply using Form PA1P.
What documents must be submitted with Form PA1P?
The original will and any codicils must be sent to HMCTS. The dates of the will and codicils must be included on the form, and details of any foreign wills must be provided in case they revoke the UK will.
What must executors confirm regarding the will when applying for a grant?
Executors must confirm the date of the will and codicils, and that they have not been revoked by a subsequent marriage or civil partnership.
Can a grant of probate be obtained if the will fails to dispose of the entire estate?
Yes, the appointment of executors is not affected even if the will fails to dispose of some or all of the estate.
Can a single executor act alone when applying for a grant?
Yes, one executor may obtain the grant and act alone, even if the estate includes land or there are infant beneficiaries.
What happens if an executor lacks capacity at the time of the testator’s death?
If an executor lacks capacity, they cannot apply for the grant. The other executors will take the grant, or if the sole executor lacks capacity, their attorney under an enduring or lasting power of attorney can act in their place.
What happens if an executor is a minor?
If one executor is a minor and the others are adults, the grant can be given to the adult executors, with “power reserved” for the minor to take a grant once they turn 18. If the minor is the only executor, a grant of letters of administration with the will annexed is made, usually to the minor’s parent(s) or guardian(s), until the minor reaches 18.
What is a cessate grant of probate?
A cessate grant of probate is an application made when an executor, who was a minor at the time of the grant, reaches 18 and wants to act as executor if the estate administration has not been completed.
Can executors renounce their right to take the grant of probate?
Yes, executors may renounce their right by completing Form PA15, but only if they have not intermeddled in the estate. Once an executor intermeddles, they must take the grant because they are treated as having accepted the role.
How does an executor renounce their appointment?
Executors must complete Form PA15, sign it (with a witness), and file the renunciation with HMCTS, usually done by the PRs applying for the grant.
What is intermeddling by an executor?
Intermeddling is when an executor performs tasks typically done by a personal representative (PR), such as selling the deceased’s chattels. If they intermeddle, they must accept their appointment and cannot renounce.
What happens if an executor is also appointed as a trustee but renounces their executorship?
Executors who are also trustees will remain trustees even if they renounce their executorship. To cease acting in both roles, they must also disclaim the trusteeship.
