Probate

Probate Options For Swearing An Oath

Probate Options For Swearing An OathUPDATE

On the 27 November 2018, the Non-Contentious Probate (Amendment) Rules 2018 came into effect. These rules have amended the way in which individuals can apply to the court for a grant of probate in a deceased person’s estate.

The amendment now allows for a personal representative (executor) of the deceased estate to make a statement of truth instead of having to swear an oath.

More info regarding the amendment can be found using the following.GOV webpages:

https://www.gov.uk/government/news/probate-applications-made-simpler-and-easier-with-online-service

http://www.legislation.gov.uk/uksi/2017/1034/pdfs/uksiem_20171034_en.pdf

If in doubt please contact your local probate registry for more information

As part of the process of applying for probate, you will need to complete the PA1 Probate Application Form and the IHT205 Inheritance Tax Form and send or take them to your local Probate Registry.

The next step after the forms have been processed is to swear an Oath.

The Probate Registry will send the Oath to the first named applicant on form PA1, if there is more than one applicant named on the PA1 then all applicants will need to swear the Oath.

The Swearing Process

There are two options available, you can either make an appointment with a local probate registry or you can make an appointment with a local Probate Solicitor or Commissioner of Oaths…

Option One Swear Oath at a Probate Registry

Contact your Local Probate Registry to make an appointment. Appointments are usually booked 4 weeks in advance.

You will need to take with you the Oath and Checklist which is stapled to the back of the Oath along with a copy of the Will and proof of identification.

Option Two Swear Oath with a Probate Solicitor

The Oath can be sworn in front of a Solicitor or Commissioner of Oaths. You can arrange this appointment with a Solicitor of your choice.

The average charge for this service is around £5 to £7. You will need to take with you the Oath and Checklist which is stapled to the back of the Oath along with a copy of the Will and proof of identification.

After the Swearing process with the Solicitor, you send back the sworn documents to the Probate Registry.

What Happens Next?

If the Probate Registry requires any further clarification they will contact you, If no further information is required you should receive the Grant of Probate in around 10 business days from either the date of your appointment with the Probate Registry or the Probate Registry receiving the Oath in the post if you choose the solicitor option.