administration (3c) : grant

Question 1

what are the pre-grant steps?

Answer 1

1. obtain death certificate & carry out funeral.
2. secure estate assets
3. locate will/codicil
4. identify the basis of distribution + beneficiaries
5. compile a schedule of assets/liabilities and lifetime transfers.

Question 2

What must applicants provide to the Probate Registry?

Answer 2

Sufficient information about the deceased’s estate to satisfy the Probate Registry that the correct grant has been requested.

Question 3

How can applicants provide information to the Probate Registry?
There are two ways.

Answer 3

1. By completing and posting a paper application form
2. or submitting an online application via HMCTs service.

Question 4

What is a professional application?

Answer 4

A grant of representation made by a solicitor or probate practitioner.

Question 5

What are the three categories of applications made by professionals?

Answer 5

Mandatory online application, online application possible but not mandatory, and mandatory paper application.

Question 6

What does mandatory online application include?

Answer 6

Most grants of probate.

Question 7

What does online application possible but not mandatory include?

Answer 7

Some simple applications under NCPR 20 and 22, e.g., sole applicant and no minority or life interests.

Question 8

What does mandatory paper application include?

Answer 8

Non-standard grants and more complicated applications under NCPR 20 and 22.

Question 9

What forms must a solicitor complete for a paper application?

Answer 9

Either form PA1P or PA1A.

Question 10

When is form PA1P used?

Answer 10

When the deceased left a valid will.

Question 11

When is form PA1A used?

Answer 11

When the deceased did not leave a will.

Question 12

What must a solicitor do for an online application?

Answer 12

Submit via HMCTs service and answer the relevant online questions.

Question 13

What is included in the identity of the deceased?

Answer 13

Full name, date of birth, date of death, domicile, marital status, and value of foreign property.

Question 14

What four things must all applications confirm?

Answer 14

1. Confirm identity of the deceased and applicants
2. justify the type of grant requested.
3. provide information about the estate’s value and IHT status.
4. complete the legal statement on the probate form.

Question 15

What should be stated if the deceased owned assets in a common name?

Answer 15

The common name should be stated to ensure the grant is issued in both names.

Question 16

What is included in the identity of the applicant?

Answer 16

Each applicant’s full name, address, and contact details.

Question 17

What is the deceased’s address?

Answer 17

The last usual residential address of the deceased.

Question 18

What evidence is submitted to prove an executor’s entitlement to grant?

Answer 18

The deceased’s will and any codicils.

Question 19

What should happen if an executor’s true name differs from that in the will?

Answer 19

This should be explained.

Question 20

What is needed if anyone named is not applying?

Answer 20

Evidence such as a death certificate or form of renunciation.

Question 21

What must applicants under NCPR 20 do to prove entitlement to grant?

Answer 21

State category of applicant, clear-off anyone with a better right to apply, and state if any beneficiary is a minor.

Question 22

What must applicants under NCPR 22 do to prove entitlement to grant?

Answer 22

1. demonstrate the nature of theri famalila relationship with the deceased.
2. must have a beneficial entitlement under the estate.
3. clear-off anyone with a better (but not equivalent) right to apply (this isn’t always necessary when the person with the greatest entitlement is applying).

Question 23

What is included in the estate value and IHT status?

Answer 23

The value of the gross and net estate passing under the grant.

Question 24

What must applicants confirm if an IHT 400 was completed?

Answer 24

That it has been sent to HMRC and the IHT due was paid.

Question 25

What do applicants include in their probate application for an excepted estate?

Answer 25

Gross and net values of the taxable estate.

Question 26

What is settled land?

Answer 26

A specific interest in land under a trust governed by the Settled Land Act 1925.

Question 27

What must an applicant state when applying for the grant?

Answer 27

Whether the deceased had an interest in settled land.

Question 28

What do applicants confirm by signing a legal statement?

Answer 28

They will comply with their duties under s 25 AEA and that the contents of the form are true.

Question 29

What additional items are needed to complete the application for a grant?

Answer 29

Probate Registry Fees, Death Certificate, Testamentary documents, Form of renunciation, IHT forms, Power of attorney, Affidavits.

Question 30

What is the probate fee?

Answer 30

£300.

Question 31

What is the fee per sealed copy of the grant?

Answer 31

£1.50.

Question 32

What is the threshold for no probate registry fee?

Answer 32

Estates worth less than £5,000.

Question 33

When are sealed copies used?

Answer 33

When contacting asset holders.

Question 34

What copy of the death certificate is needed for a personal application?

Answer 34

A certified copy.

Question 35

What must be submitted with the application if the deceased left a valid will?

Answer 35

The original will.

Question 36

What confirms the validity of the testamentary document?

Answer 36

The Probate Registry confirms validity by issuing the grant.

Question 37

What must be included in the application for a grant if an executor renounces?

Answer 37

A form of renunciation.

Question 38

What must be provided if an attorney is making an application on behalf of an executor?

Answer 38

The attorney's details and an express declaration.

Question 39

What is the power of attorney form?

Answer 39

Form PA11.

Question 40

Who completes the power of attorney form?

Answer 40

The donor.

Question 41

What items comprise the application for a grant?

Answer 41

Probate Registry Fees, Death Certificate, Testamentary documents, Form of renunciation, IHT forms, Power of attorney, Affidavits.

Question 42

What is an affidavit?

Answer 42

A formal written statement of fact signed under oath.

Question 43

What are the legal requirements for making an affidavit?

Answer 43

Signed and dated by all parties, completed by the witness, and must follow immediately on from the text.

Question 44

When are affidavits required?

Answer 44

When there is a valid will but its validity or interpretation is uncertain.

Question 45

What do affidavits often relate to?

Answer 45

Compliance with s 9 WA, Knowledge & Approval, Date, Physical condition of the will.

Question 46

When is an affidavit of due execution used?

Answer 46

When execution requirements may not have been complied with.

Question 47

When is an affidavit of due execution used in relation to Knowledge & approval?

Answer 47

If there is doubt that a will was made with knowledge and approval.

Question 48

When is an affidavit of due execution used in relation to Date?

Answer 48

When there is doubt about the date the will was signed.

Question 49

What does the affidavit of due execution confirm?

Answer 49

Compliance with s 9 WA, knowledge and approval, and the date of signing.

Question 50

Who makes the affidavit of due execution?

Answer 50

Usually one of the witnesses.

Question 51

When is an affidavit of alterations used?

Answer 51

When there have been alterations made to the text.

Question 52

Who submits the affidavit of alterations?

Answer 52

One of the witnesses.

Question 53

What does the affidavit for plight and condition confirm?

Answer 53

Physical condition of the will at execution and after death.

Question 54

Who signs the affidavit for plight and condition?

Answer 54

Someone who can confirm the condition of the will.

Question 55

When is an affidavit of search required?

Answer 55

If there is evidence suggesting another testamentary document was supposed to be attached.

Question 56

What must the PR confirm in an affidavit of search?

Answer 56

What enquiries were made and searches carried out.

Question 57

When can a copy of the will or codicil be admitted to probate?

Answer 57

If evidence shows it existed after the deceased's death, was correctly executed, and accurately records testamentary wishes.