Practice Note (7) December 2018
The Non-Contentious Probate (Amendment) Rules 2018
The above Amendment mainly facilitates electronic applications for grants of representation and came into effect on the 27th November 2018.
The amended rules replace oaths and affirmations with statements of truth though it must be noted that every other document that would have been in sworn or affirmed form prior to the 27th November 2018, such as affidavits to lead orders, will still have to be in the old format.
A specimen of the statement for Executors preferred by the Probate Service is reproduced below:
Extracted by ABC Solicitors
IN THE HIGH COURT OF JUSTICE
THE DISTRICT PROBATE REGISTRY AT
IN THE ESTATE OF JOHN SMITH DECEASED
We, DAVID SMITH of 12 Main Street Anywhere AN3 2DE and PETER SMITH of 45 Long Lane Somewhere SM10 5RY make the following statement.
1. JOHN SMITH of 2 The Avenue Nowhere NO1 2AB deceased was born on 12th October 1926 and died on 3rd August 2018 aged 91, domiciled in England and Wales having made and duly executed his last will and testament bearing date the 25th May 2018 which is now produced to the Court.
2. The name of the deceased shown on the Death Certificate is JOHN SMITH and his date of birth shown therein is 12th October 1926.
3. To the best of our knowledge there was no land vested in the Deceased which was settled before his death (and not by his Will) and which remained settled notwithstanding his death.
4. We are the executors named in the said Will.
5. We will:
(a) Collect and get in the Deceased’s real and personal estate and administer it according to the law;
(b) Exhibit a full inventory of the estate in the Court and render an account of the administration to the Court when required to do so;
(c) Deliver the grant of probate up to the High Court when required to do so.
6. To the best of our knowledge, the gross estate passing under the grant does not exceed/amounts to £ and the net estate does not exceed/amounts to £ (and this is not a case where delivery of an Inheritance Tax Account is required).
We believe that the facts stated in this witness statement are true and understand that criminal proceedings for fraud may be brought against us if we are found to have been deliberately untruthful or dishonest.
DAVID SMITH PETER SMITH
The Statutory Instrument may be viewed and downloaded at www.legislation.gov.uk