Form PA1P Drafting

Question 1

When is this used

Answer 1

ONLY USED where the deceased has left a valid will and either:
1) there are executors appointed by the will who are able and willing to act - leads to grant of probate
2) there are no executors able or willing to take a grant of probate - lead to grant of letters of administration with the will annexed

Question 2

Who can apply

Answer 2

1) An executor - a person named in the will (grant of probate)
2) A beneficiary - where none of the executors are applying (letters of administration with the will annexed)
3) A probate practitioner representing the executors or the beneficiaries

Question 3

Deceased - 2.15 - Type of application

Answer 3

Only needed if you’re applying for letters of administration with the will annexed.
Need to state that is what you’re applying for

Question 4

Deceased - 2.16 Grounds for application

Answer 4

Here is where you state why you’re applying e.g may be because executor has died or they are unwilling to act. Need to state why you in the order are applying as well if you are in group 3 (residuary legatee) you have to state why the executor AND the residuary legatee holding on trust can’t.

Question 5

Deceased - 2.16 Grounds for application - Order for who can apply

Answer 5

1) Executor
2) Any residuary legatee or devisee holding in trust for anyone e.g deceased left residue for Brian and Claire to hold on trust for Debbie.
3) Any other residuary legatee (including one for life) vested in interest first then contingency
4) Personal representatives of any residuary legatee
5) Any other legatee or devisee

Question 6

Deceased - 2.16 Grounds for application - Example wording where the executor died and there isn’t a residuary legatee or devisee holding on trust

Answer 6

The executor named in the will has predeceased the deceased and there isn’t a residuary legatee or devisee holding on trust for any persons. I am the residuary legatee and devisee named in the will

Question 7

Deceased - 2.16 Grounds for application - Partial Intestacy

Answer 7

This will happen when the residuary gift fails e.g because they have predeceased the testator. Need to explain why nobody in higher ranks are taking the grant, why there is an intestacy and why they are entitled as beneficiaries on the intestacy

Question 8

Deceased - 2.16 Grounds for application - Partial Intestacy - Example

Answer 8

The executor and residuary legatee and devisee predeceased the
deceased. My relationship to the deceased is their parent. As the deceased left no surviving spouse, civil partner or issue, I am therefore entitled to the undisposed property.

Question 9

Deceased - 2.16 Grounds for application - Personal representative example

Answer 9

The sole executrix predeceased the deceased and the sole residuary legatee and devisee named in the said will survived the deceased and has since died without having proved the said will and I am the executrix of the deceased residuary legatee and devisee.

Question 10

IHT

Answer 10

If you’ve not provided form IHT400 then need to provide
1) gross value of the estate for IHT
2) Net value of the estate for IHT
3) Net qualifying value of the estate
Also need to provide:
1) Gross value of the estate for probate
2) Net value of the estate for probate

Question 11

IHT - Estate value

Answer 11

Includes property NOT PASSING under the Will e.g such as trust property and joint property devolving by survivorship. BASICALLY EVERYTHING
Gross = before debts deducted
Net = after debts

Question 12

IHT - probate value

Answer 12

Only Property PASSING UNDER the will
Gross = value before debt
Net = after debts