Forms PA1P and PA1A (Grants of representation)- FS Flashcards
(8 cards)
When is Form PA1P used in probate?
Form PA1P is used where the deceased left a valid will and the named executors are willing and able to act. It is part of an application for a grant of probate.
When is Form PA1A used in probate?
Form PA1A is used where the deceased died intestate (without a valid will). It is used to apply for a grant of simple letters of administration.
What is a grant of letters of administration with the will annexed?
A grant issued when the deceased left a valid will, but the appointed executors are unable or unwilling to act. The will is still valid but someone else applies to administer the estate.
Common Elements Required in Both PA1P and PA1A Forms
- Full name of applicant (matching ID/passport)
- Deceased’s full name, address, DOB, DOD, and marital status
- Identification of completed inheritance tax form (IHT205 or IHT400)
- Section on renunciation of executors
- Final declarations and undertakings confirming legal compliance and truthfulness
What inheritance tax forms must be referenced in PA1P and PA1A?
Either Form IHT205 (simplified estate) or Form IHT400 (complex estate). The correct form must be stated in the grant application.
What is Definition: Renunciation in Probate
When a named executor gives up their right to act in the administration of the estate. They must sign Form PA15 in front of a witness and file it with the probate registry, provided they have not intermeddled in the estate.
What is the legal significance of the declarations and undertakings in PA1P and PA1A?
The applicant declares they will administer the estate lawfully, and that the form’s contents are true to the best of their knowledge. These are legally binding statements.
Can executors who have already intermeddled renounce using PA15?
No. If an executor has already intermeddled (taken steps to deal with the estate), they cannot renounce their role under probate law.
