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Grant of Probate - is it possible to get a copy of the actual probate application?

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  • Grant of Probate - is it possible to get a copy of the actual probate application?

    Hello all and thank you in advance.
    I have a copy of a 'grant of probate' form showing the name of the person who was approved to handle a deceased person's affairs, but does anyone know if it's possible to get a copy of the actual form completed by the designated person? I ask because there is a possibility the designated person lied on the form in order to get appointed. This is in relation to my last post, as my friend thinks her other half, from whom she's been separated 20 years, may have lied to get access to money left by a relative. From what I know I think he did lie, but what if anything can be done? if you can't see what he put on the form there is no way of knowing for sure. Many thanks.
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  • #2
    Hi Vitamin33,

    Is the lie in connection with the oath sworn to obtain the Grant or the figures inserted in the IHT forms needed to obtain the Grant? Was the person named as executor in a Will or is there no Will?

    What is it you suspect they have lied about and what advantage did it give them? Just a broad overview we don't need the exact details just to help understand what the issue is.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Originally posted by Peridot View Post
      Hi Vitamin33,

      Is the lie in connection with the oath sworn to obtain the Grant or the figures inserted in the IHT forms needed to obtain the Grant? Was the person named as executor in a Will or is there no Will?

      What is it you suspect they have lied about and what advantage did it give them? Just a broad overview we don't need the exact details just to help understand what the issue is.
      Thank you Peridot. There was a will. The person was not named as an executor, but managed to get appointed administrator. Based on questions on the application form for grant of probate, we can't see how he could have got administrator authority without lying. But no way of knowing without seeing his original application. My friend cannot prove he lied, she just has a strong suspicion he did.

      Comment


      • #4
        Originally posted by Vitamin33 View Post

        Thank you Peridot. There was a will. The person was not named as an executor, but managed to get appointed administrator. Based on questions on the application form for grant of probate, we can't see how he could have got administrator authority without lying. But no way of knowing without seeing his original application. My friend cannot prove he lied, she just has a strong suspicion he did.
        PS. In terms of benefits to him, my friend thinks he kept money to which he wasn't entitled, i.e. didn't distribute all of it as per deceased's wishes.

        Comment


        • #5
          Hi again,
          Was the original named executor unable or unwilling to act? Is the ex a residuary beneficiary under the Will or was there a power of attorney in place allowing them to deal on behalf of the executor?

          Where there is no executor for any reason then there is a strict order of those who can obtain the Grant of Letters of Administration with Will attached (equivalent to a Grant of Probate). The order can be found here :- http://www.legislation.gov.uk/uksi/1...rticle/20/made

          In the first instance they would need to have been a residuary beneficiary if the executor had passed away. Does that make any sense to your friend now? Sorry a bit difficult with half the facts but I appreciate you don't want to be putting everything down here.
          I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment


          • #6
            Originally posted by Peridot View Post
            Hi again,
            Was the original named executor unable or unwilling to act? Is the ex a residuary beneficiary under the Will or was there a power of attorney in place allowing them to deal on behalf of the executor?

            Where there is no executor for any reason then there is a strict order of those who can obtain the Grant of Letters of Administration with Will attached (equivalent to a Grant of Probate). The order can be found here :- http://www.legislation.gov.uk/uksi/1...rticle/20/made

            In the first instance they would need to have been a residuary beneficiary if the executor had passed away. Does that make any sense to your friend now? Sorry a bit difficult with half the facts but I appreciate you don't want to be putting everything down here.
            Thanks very much, Peridot. I haven't personally seen the will and my friend didn't know whether there was an executor/executors, but from her recollection he was not a beneficiary, which is why it seems strange that he managed to get himself appointed administrator. I'm not sure it helps her to labour this with him in case he gets even more stroppy, as all she wants is for him to be true to previous word and sign over the house to her. But it has left us both curious and sight of the application form he completed to obtain grant of probate would confirm whether or not he lied, but I can see how that would breach GDPR. She said she knows one person who was a beneficiary, so she could always contact them to find out if they got their legacy, but that's prob not a good idea until she and her ex have settled the money side of their affairs. If I learn anything else I'll let you know. Thanks again for taking the time to reply.

            Comment


            • #7
              Hi Vitamin33,
              You need to know whether the Grant is a Grant of Probate or Grant of letters of administration. If it is probate then he either would have been named as executor or he was granted a power of attorney to act on behalf of the executor.
              If the grant is letters of administration he would have to be one of the persons entitled to apply under the order stipulated in the link I posted above at post #5.
              I wonder whether you are right to be weary poking the hornets nest so to speak when the issue of the property is unresolved. However if he has inherited a significant sum and hasn't declared it when dealing with the finances aspect of their separation then maybe a little prod then would be useful.
              It would be really difficult to obtain copies of the inheritance tax forms or the Grant application, even more so if the person asking for the information has no interest in the estate as a beneficiary themselves.
              I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

              If in doubt you should always seek professional face to face legal advice.

              Comment


              • #8
                Originally posted by Peridot View Post
                Hi Vitamin33,
                You need to know whether the Grant is a Grant of Probate or Grant of letters of administration. If it is probate then he either would have been named as executor or he was granted a power of attorney to act on behalf of the executor.
                If the grant is letters of administration he would have to be one of the persons entitled to apply under the order stipulated in the link I posted above at post #5.
                I wonder whether you are right to be weary poking the hornets nest so to speak when the issue of the property is unresolved. However if he has inherited a significant sum and hasn't declared it when dealing with the finances aspect of their separation then maybe a little prod then would be useful.
                It would be really difficult to obtain copies of the inheritance tax forms or the Grant application, even more so if the person asking for the information has no interest in the estate as a beneficiary themselves.
                Thanks again, Peridot. It was grant of administration, and based on link you posted he must have been appointed as a personal representative of main beneficiary, which is possible. Yes, my friend is wondering if he ended up with a lot of money, and if so, is she entitled to any, but I think she is going to stop probing at this point and just wait and see how he behaves/responds to house matter. If he gets greedy/difficult she could start questioning the matter f the will.

                Comment

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