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  • FIRST POST
    • Margot123
    • By Margot123 5th Oct 17, 7:50 PM
    • 117Posts
    • 71Thanks
    Margot123
    Executors' Oath
    • #1
    • 5th Oct 17, 7:50 PM
    Executors' Oath 5th Oct 17 at 7:50 PM
    Hypothetical question: Can anyone here confirm that when executors swear the oath at a solicitors (or other venue) that they have to sign both the front page of the original will and the oath form/declaration?
Page 1
    • Savvy_Sue
    • By Savvy_Sue 5th Oct 17, 7:56 PM
    • 37,731 Posts
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    Savvy_Sue
    • #2
    • 5th Oct 17, 7:56 PM
    • #2
    • 5th Oct 17, 7:56 PM
    I do not remember signing the will itself, but it's a few years ago now.
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    • Margot123
    • By Margot123 5th Oct 17, 7:59 PM
    • 117 Posts
    • 71 Thanks
    Margot123
    • #3
    • 5th Oct 17, 7:59 PM
    • #3
    • 5th Oct 17, 7:59 PM
    I've read conflicting things, some say the will itself also has to be signed by the acting executor(s), others say just the oath form.
    • poppystar
    • By poppystar 5th Oct 17, 8:19 PM
    • 220 Posts
    • 612 Thanks
    poppystar
    • #4
    • 5th Oct 17, 8:19 PM
    • #4
    • 5th Oct 17, 8:19 PM
    I don't even remember the will actually being there when we did the oath.

    ..but I could be having memory lapse too!


    edit: we did it at Probate office rather than at a solicitors, if that makes any difference
    Last edited by poppystar; 05-10-2017 at 8:21 PM.
    • badmemory
    • By badmemory 5th Oct 17, 8:47 PM
    • 795 Posts
    • 776 Thanks
    badmemory
    • #5
    • 5th Oct 17, 8:47 PM
    • #5
    • 5th Oct 17, 8:47 PM
    I don't think there is any way the solicitors could have the "original" will as the probate office keep that. I too signed at the probate office and there was no will there I'm sure. Of course, it is a stressful time & that does lead to "misremembering" but I'm sure I would have noticed because after I had posted the will to them I became convinced that I had lost the original & sent them a copy. Oh the joys of stress related memory loss!
    • Yorkshireman99
    • By Yorkshireman99 5th Oct 17, 11:34 PM
    • 3,124 Posts
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    Yorkshireman99
    • #6
    • 5th Oct 17, 11:34 PM
    • #6
    • 5th Oct 17, 11:34 PM
    Hypothetical question: Can anyone here confirm that when executors swear the oath at a solicitors (or other venue) that they have to sign both the front page of the original will and the oath form/declaration?
    Originally posted by Margot123
    You only sign the oath.
    • Crabapple
    • By Crabapple 6th Oct 17, 7:03 AM
    • 1,531 Posts
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    Crabapple
    • #7
    • 6th Oct 17, 7:03 AM
    • #7
    • 6th Oct 17, 7:03 AM
    If solicitors are dealing with the application for probate they will have the original will and the executors would sign the oath and front page of the will in that situation.
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    • Yorkshireman99
    • By Yorkshireman99 6th Oct 17, 7:59 AM
    • 3,124 Posts
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    Yorkshireman99
    • #8
    • 6th Oct 17, 7:59 AM
    • #8
    • 6th Oct 17, 7:59 AM
    If solicitors are dealing with the application for probate they will have the original will and the executors would sign the oath and front page of the will in that situation.
    Originally posted by Crabapple
    How? The original will goes with the probate application and is retained by the Probate Office. Official copies are only issued once the oath has been done.
    Last edited by Yorkshireman99; 06-10-2017 at 8:50 AM.
    • Margot123
    • By Margot123 6th Oct 17, 8:28 AM
    • 117 Posts
    • 71 Thanks
    Margot123
    • #9
    • 6th Oct 17, 8:28 AM
    • #9
    • 6th Oct 17, 8:28 AM
    How? The original will goes with the probaqte application and is rewtained by the Probate Office. Official copies are only issued once the oath has been done.
    Originally posted by Yorkshireman99
    After a bit of researching, I've found that the process is quite different if the application is submitted via a solicitor rather than an individual. Both the oath and the front of the will are signed by the executor(s) prior to the application being sent by the solicitor.
    This website also states the executor signs the will as well as the oath form: http://www.probateforms.info/swearing-an-oath-with-a-solicitor/
    Last edited by Margot123; 06-10-2017 at 8:44 AM.
    • Yorkshireman99
    • By Yorkshireman99 6th Oct 17, 8:49 AM
    • 3,124 Posts
    • 2,450 Thanks
    Yorkshireman99
    After a bit of researching, I've found that the process is quite different if the application is submitted via a solicitor rather than an individual. Both the oath and the front of the will are signed by the executor(s) prior to the application being sent by the solicitor.
    This website also states the executor signs the will as well as the oath form: http://www.probateforms.info/swearing-an-oath-with-a-solicitor/
    Originally posted by Margot123
    Noted. Thanks. Mea culpa!
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