Probate grants and types: priorities, requirements and limitations for England, Wales, Scotland and Northern Ireland


Published by a ³ÉÈËÓ°Òô Private Client expert
Practice notes

Probate grants and types: priorities, requirements and limitations for England, Wales, Scotland and Northern Ireland


Published by a ³ÉÈËÓ°Òô Private Client expert

Practice notes
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Probate

Where the deceased left a valid Will appointing executor(s) who are able and willing to prove the Will, the application is for a grant of probate.

The executor(s) may be nominated either:

  1. •

    expressly, by Will or codicil, or

  2. •

    impliedly, according to the terms of the Will

An executor's appointment may be absolute or:

  1. •

    limited to a period of time

  2. •

    limited to a particular place

  3. •

    limited to particular property

  4. •

    conditional, or

  5. •

    substituted

If there is a conditional or substituted appointment, the applicants will need to establish in the application statement of truth, which will be included in the application form PA1P or PA1A or online application, that either:

  1. •

    the condition has been satisfied, or

  2. •

    circumstances giving rise to the substitution have occurred

Letter of administration with Will annexed

A grant of administration (with Will annexed) is required where the deceased left a valid Will but there is no executor able and willing to prove it.

The right to apply for the grant is set

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Probate definition
What does Probate mean?

The process of proving (ie establishing the validity of) a Will by the executor. Once the Will has been proved, the court will issue a grant of representation. The Scottish law equivalent is executry.

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