Derby probate

Low cost , £725 fixed price , Derby probate service providing a high quality service .

We also charge only £50 to prepare a will and are happy to visit you at home to take instructions on wills or probate.

Ring o1332 518135 , email gary.dickie@btinternet.com

 

 

  Probate checklist for the oath for executor(s)

2.1
Check that the full name and address (including postcode) and, where appropriate, the document exchange number of the extracting solicitor or probate practitioner appear in the top right-hand corner of the oath. Any reference required to appear in the grant should be recited.
2.2
Check that the true names of the executors correspond with the names in the appointment clause and, if not, include an explanation, for example ‘(full name) in the will called and commonly known as (short form of name or alias)’ or ‘(married or partnership name of executrix) in the will called (single name of executrix) she having [intermarried (or) formed a civil partnership] with (name of husband or civil partner of executrix) since the date of the will’. Check that the addresses are complete (with postcodes).
2.3
Check that the deceased’s true name corresponds with the name in which the will was made and the death certificate and, if not, recite an explanation of the difference. Where assets are held in a different name a separate paragraph should be added. For example the heading should refer to the deceased as ‘(full name) otherwise known as (short form of name or alias)’, the separate paragraph adding, for example, that ‘the deceased’s true name was (full name) but he held an asset, namely shares in (company), in the name of (short form of name or alias)’. Check that the address is complete (with postcode).
2.4
Check that the oath recites the existence and number of any codicils, for example ‘the last will and testament with 4 codicils’.
2.5
Check that the correct dates of birth and death corresponding to the dates in the death certificate are inserted11. If the fact of death is certain, but the exact date is unknown, the oath should state that the deceased ‘was last seen alive on (date)’ or ‘was last known to be alive on (date) and whose dead body was found on (date)’ or ‘died on or about (date)’. The statement ‘died on or about’ reflects the information which usually appears in the death certificate.
2.6
Check that the age of the deceased is given.
2.7
Check that the country (or state or territory) of the deceased’s domicile is given.
2.8
Check that the statement as to settled land is complete.
2.9
Check that all non-proving executors are accounted for by reciting their predecease, or survival and death without obtaining probate, or renunciation, or that they are having power reserved. Check that notice of the application has been given to executors to whom power is reserved and that this is recited in the oath.
2.10
Check that the oath concludes with the prescribed statement as to due administration: ‘I/We will collect’ etc.
2.11
Check that the amounts of the gross and net values of the estate are inserted. These should be the exact figures appearing in the Inheritance Tax Account. Where no Account is required to be delivered, check that the gross value does not exceed the figure in force under the Inheritance Tax (Delivery of Accounts) (Excepted Estates) Regulations 2004 as amended obtaining at the date of death—for deaths after 6 April 2004 this is the threshold for inheritance tax. The actual net value of the estate should be stated, rounded up to the nearest £1,000 and expressed as ‘does not exceed £…’19.
2.12
Check that all applicants and all commissioners have signed the oath and marked the will (and codicils, if any). Check that the jurat is dated.

Contact us by e-mailing gary.dickie@btinternet.com or ring us on 01332 518135 .

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