The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
FORTHCOMING CHANGE: The postal application forms PA1P and PA1A for practitioners introduced on 23 March 2020 are due to be merged with the forms of the same name for lay applicants. This may result in some changes to the questions and numbering contained in the forms. See News analysis: Developments on the new probate application process for practitioners.
Every application for a grant of representation, other than a resealing, must be supported by an appropriate statement of truth. Prior to 27 November 2018, it was necessary for an oath (for executors or administrators) to be sworn in the presence of a commissioner for oaths or an independent solicitor holding a practising certificate. It was also necessary for each applicant and the person before whom the oath was sworn to mark the original Will and any codicil. Separate statements of truth replaced oaths from 27 November 2018 when the Non-Contentious Probate (Amendment) Rules 2018, SI 2018/1137 came into force. These were subsequently replaced by postal application forms for practitioners.
Postal application forms PA1P (where there is a Will) and PA1A (where there is not a Will) for practitioners were introduced on 23 March 2020 in order to standardise the process and allow for bulk scanning and digital processing of applications. Following a transition period and the expansion of online applications to
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
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