Preparing the statement of truth for probate/administration
Preparing the statement of truth for probate/administration

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Preparing the statement of truth for probate/administration
  • Requirement for a statement of truth
  • Common form statements of truth
  • Settling the statement of truth
  • Alias name
  • Name misspelt
  • Address
  • Age
  • Minority/life interest
  • Settled land
  • more

Requirement for a statement of truth

Every application for a grant, other than a resealing, must be supported by an appropriate statement of truth. Statements of truth replaced oaths from 27 November 2018 when the Non-Contentious Probate (Amendment) Rules 2018, SI 2018/1137 came into force.

Common form statements of truth

The statement of truth will normally be:

  1. a statement of truth for executors leading to a grant of probate

  2. a statement of truth for administrators with the Will annexed or

  3. a statement of truth for administrators on an intestacy

Settling the statement of truth

If in any doubt as to the correct wording of a statement of truth, consider submitting it in draft to the registry to be settled (approved) by the registry.

The fee may be paid at the same time as the Probate Court fees.

Alias name

State the full name of the testator in the statement of truth. Include an alternative alias name where:

  1. the Will was executed in that name

  2. property was owned by them in that name

  3. the testator’s name has changed since making the Will

Any alias should be stated in the statement of truth or in a separate affidavit of alias:

  1. 'that the true name of the deceased was [X] but that he made and executed his Will in the name