Completing the grant application

Question 1

To complete an application for grant, what additional items should be provided?

Answer 1

Items needed depends on estate:
* Probate Registry Fees & Death Cert.
* IHT forms
* Testamentary documents
* Power of attorney
* Form of renunciation
* Affidavits

Question 2

Probate Registry Fees & Death Certificate?

Answer 2

• Applicants must pay probate registry fee - amount depends on whether or not a professional is applying and value of estate - no fee for estates worth less than £5000
• no ‘original grant’ - Probate Registry will provide number of sealed copies as requested by PRs when making application - small fee for each sealed copies
• Certified copy (not photocopy) of death certificate should be provided on personal applications not legal professional applications

sealed copies = used when contacting asset holders as evidence of their entitlment

Question 3

Testamentray Documents/renunciation?

Answer 3

• If valid will, original will must be submitted with application and validity of testamentary documents is confirmed by Probate Registry (‘proves will’) - same applies to codicils to original will.
• If executor is appointed by will but renounces their right (only possibel if they have not intermeddled) - form of renunciation must be completed and included in application

Question 4

IHT form?

Answer 4

• If excepted estate, no IHT payable and PRs are not required to submit IHT form as part of grant application
• If non-excepted estates, an IHT 400 will have been completed - IHT 400 and any tax due are sent to HMRC (not probate) - HMRC then provides confirmation (by letter) to applicants - Registry will not issue grant without unique code and estate values from letter

Question 5

Power of Attorney/Affidavits?

Answer 5

• where PRs appoints attorney to makes an application on their behalf, attorney details must be provided in application form along with express declaration of why named executor is not applying - form PA11 is completed and submitted with application for grant.
• Affidavit evidence may be required if there is a valid will but something about will renders its validity uncertain