The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
Where the deceased left a valid Will appointing an executor who is able and willing to prove the Will, apply for a grant of probate.
The executor(s) may be nominated either:
expressly, by Will or codicil or
impliedly, according to the tenor of the Will
The executor's appointment may be absolute or:
limited to a period of time
limited to a particular place
limited to particular property
If a conditional or substituted appointment, establish in the statement of truth (formerly oath) that either:
the condition was satisfied or
circumstances giving rise to the substitution have occurred
Apply for a grant of administration (with the Will annexed) where the deceased left a valid Will but there is no executor able and willing to prove it.
The right to the grant is set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), r 20.
The statement of truth (formerly oath) must clear off the executors.
Determine whether the Will contains a disposition of the residuary estate. If in doubt, consider obtaining the decision of a district judge or registrar before preparing the papers to lead the grant.
Note that where a gift in a Will fails because the beneficiary or the beneficiary’s spouse/civil partner, has witnessed the Will, that beneficiary loses the right to a grant as a beneficiary
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