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Application For Grant And Drafting Oaths Notes

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Application For Grant And Drafting Oaths Revision

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Elective: Private Client

Application for grant and Oaths

1.

Making an Application for grant:

Application for grant - what to send to the Probate Registry:

1. Original Will / codicils

2. Appropriate oath

3. Affidavit evidence if required

4. IHT 205 (for excepted estates) or IHT 400 for non-excepted estates

5. Cheque for probate fee Affidavit evidence: Due execution


a) b) c) d)

Will / codicil must be executed in accordance with S.9 Wills Act 1837: In writing Signed by T Intention to sign by T 2 witnesses who attest and sign

Attestation clause = creates a presumption of due execution If no attestation clause = due execution must be proven with evidence. Usually witnesses will be required to give evidence first. One witness is usually enough.

I. Testator's signature Affidavit of due execution needed where there is no attestation clause and:


Testator does not sign at bottom of the will - evidence to show he intended his signature to be final execution of the will / codicil.


Testator's signature appears below the witnesses - presumption that T signed after the Ws - so the will becomes invalid. Evidence to say otherwise
[i.e. T signed first] is required.


Ts signature arouses suspicion - e.g. Handwriting → out the exact set circumstances of execution [including the facts that T read, understood and signed the will. Confirm that T had knowledge and approval of contents of the will.


Testator signs with "X" or printed signature - the register will accept an affidavit from any person who is considered appropriate by the registrar AND is able to show that it was the handwriting of the deceased. Affidavit should include: a) The fact that the will was read over by the testator b) Testator understood the contents II. Signature of Witnesses Affidavit of due execution needed where there is no attestation clause and

1. The witness has only signed by writing initials / printed their name. Creates a presumption that the initials could have been inserted as a guide to show where witness was meant to sign. Affidavit will need to show that witness intended the initials / name to be 1

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