Her Majesty’s Courts and Tribunal Service (HMCTS) has liaised with the Law Society to introduce three new forms that will make the process of applying for a caveat, grant of probate and a grant of representation much more efficient and effective for all involved.
It will streamline the process ensuring clients receive grants, and will avoid errors and speed up the process for the probate registries to consider the applications. To note, HMCTS receive around 170,000 grant of representation applications each year.
“The Law Society welcomes the further modernisation of the Probate Service with the move to a uniform procedure for both professionals and lay applicants to follow when they are not using the online portal to submit applications”.
Accordingly, the three new forms for the use of the legal sector are as follows:-
- PA1A- applying for Grant of Letters of Administration;
- PA1P - applying for a Grant of Probate; and
- PA8A- applying for a Caveat.
In view of the above, these forms are to be completed instead of the old style ‘statement of truths’ that were drafted by legal professionals and were specific to a client’s circumstance. To this extent, the registries will no longer be accepting the statement of truths from
20 April 2020; after which the application will be returned and it will be necessary to complete one of the new forms.
Although the new forms have their advantages, as with any new procedure there are a number of downfalls, one being that the forms may not apply for more complex estates. However, the HMCTS is constantly improving its service and is open to receiving feedback from legal professionals completing these forms.
Dealing with an estate is not always a straightforward process especially when one is dealing with the loss of a close friend or family relative. There are inheritance tax implications and furthermore, administering an estate and identifying beneficiaries can be a tricky process.
Additionally, it is important to note whether or not a will exists when dealing with an estate as this will determine whether or not it is necessary to apply for a grant of probate. If an estate is distributed via intestacy laws then a grant of letters of administration will be relevant.
Caveat
In some cases, a potential beneficiary might want to stop a probate application for various reasons. For example, because they seek to challenge the existence of a will.
In this event, they would file a caveat against the estate for a period of six months, ensuring the application is halted until such time matters are resolved.
A caveat can be useful but must be used for the right reasons or it can lead to a court summons to have the caveat removed; which in turn increases legal costs.
Author
Zeen Al-Atroshi is a trainee solicitor in the Wills and Probate department at Duncan Lewis Solicitors and has extensive expertise in dealing with complex estates; whilst implementing the new procedures.
Contact Zeen on
020 7114 1297 or at
ZeenA@duncanlewis.com.
Duncan Lewis Wills and Probate Department
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