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Drafting Oaths Notes

LPC Law Notes > Private Client Notes

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Oaths What is an Oath???

Types &
Purpo se??Swearing or affirmi ng??

Value of estate???Types of oaths??

Type of affidavit PRs required to swear/affirm a truth Formal (so must be correct) document submitted to court through Probate Registry ALL applications for grant of representation must be supported by the appropriate oath (below) It gives details of the deceased and sets out the basis of applicant's claim for a grant Requires applicant to swear that it will be administered correctly Identify/exhibit will or/and any codicils Swear to the value of the estate Must swear/ affirm the truth of oath contents before a commissioner of oaths or solicitor Once sworn, oath should be sent to Probate Registry with the will, IHT account and court fee Affirm = "I do solemnly sincerely and truly declare and affirm that" Oath must include gross value of property passing under grant as well as net value (after deducting the estate's debts) IHT exemptions and reliefs are irrelevant (full value of property passing must be included) If estate is a 'small excepted estate', PRs must swear that it is not necessary to deliver IHT and state that gross value of property is not above nil rate band threshold and give net rounded up to nearest thousand If estate is 'exempt' excepted estate, PRs must swear it's not necessary to deliver IHT and give exact figures for gross and net property passing Oaths for Executors Where appointed by valid will, the oath will lead to a grant of probate One executor may obtain a grant and act alone Capacity to act is decided at the time of application (no minors OR insufficient mental capacity) Appointment of former spouse/civil partner is invalid unless contrary intention shown in will (s18A) Executors may renounce if they have not already dealt or intermeddled (acting as PR implied acceptance)]
On renunciation, executors who are trustees will remain trusteesOaths for administrators with will annexed Where valid will but no willing or able executor (due to no appointment, appointment failing due to divorce, executor predeceasing, executor died before taking grant or executor renounced) Check order of priority of those entitled Must 'clear off' and explain on oath why no higher applicant Minors cannot act/apply, but parents/guardians can apply 'for their use and benefit' on behalf (non-minor person of capacity will be preferred to guardian on behalf of minor (r27(4))) May renounce, even if intermeddled??Oaths for administrators Where deceased is totally intestate (no will at all) Check order of priority of people entitled (see above) Must 'clear off' and explain on oath why no higher applicant May renounce, even if intermeddled?

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