Probate Interview

Savvy_Sue

Mattygroves2 wrote: »

You need to send the forms to the probate office who will then check everything, satisfy themselves that the taxman is happy and then send you the oath part back and offer you the opportunity to either go in or get it done at a local solicitors. If there are more than one of you you each need to do it. My OH and his sister used local solicitors (but different ones as they live 400 miles apart).

I hadn't realised we could have sworn our oath separately, have not long done this.

I think the local solicitor's option may be a new thing: I don't remember it being an option when Dad died in 2009.

However, having just done it for Mum at a local solicitor, I'd say that the probate office was a more formal affair: we were asked to stand and read the oath aloud, for example.

Whereas at the solicitors, he was fiddling around in his ring binder trying to find the right form of words for affirming (rather than swearing on a bible), didn't get us to stand up, it all felt a bit casual.

Hermia

Savvy_Sue wrote: »

I hadn't realised we could have sworn our oath separately, have not long done this.

I think the local solicitor's option may be a new thing: I don't remember it being an option when Dad died in 2009.

However, having just done it for Mum at a local solicitor, I'd say that the probate office was a more formal affair: we were asked to stand and read the oath aloud, for example.

Whereas at the solicitors, he was fiddling around in his ring binder trying to find the right form of words for affirming (rather than swearing on a bible), didn't get us to stand up, it all felt a bit casual.

I had my interview at a probate office in 2012 and there wasn't any standing up to swear oaths. It was very professional, but not that formal.

sneekymum

All a bit weird. Do people generally lie and cheat unless they've sworn an oath not to?

DollyDee_2

My sister and I have just completed probate for our late Mum.

On the PA1, the second box is "Interview Venue", put Solicitor's Office. Third box is "Dates to avoid", put Not applicable (as you will make your own appointment with a local solicitor).

Send everything required to Probate Registry office with cheque for £215.00 plus £0.50 for each extra copy of grant required. We had 4 extra so cheque was for £217.00. We also sent 3 copies of the will. PA1 states 2 copies but elsewhere on the government's website it states 3 so we sent 3 to be on the safe side.

We used Royal Mail Special Delivery because of sending original documents. This was 3rd week of November.

The Probate Registry sent the oath to us approx 2nd/3rd week of December. We made an appointment at a local solicitor. We went into a side room off reception, he checked our ID, copied it I think. He then stated the declaration and we each repeated it. You then sign the oath and the copy will, he countersigns and stamps it. Cost us £12.00 for both of us and took about 5 minutes - it's not an "interview" as such. Very friendly.

You then return the relevant documents to the Probate Registry office (I used Special Delivery again) and our Grant of Representation came through end of first week of January which I thought was quick taking into account Xmas and New Year holidays.

Hope this helps.

Savvy_Sue

we got our papers in just before Christmas, to beat the rush of executors finishing the job off over the holidays. We swore at a local solicitors mid Jan, posted the forms off recorded delivery the same day, and I was astonished to receive the grant yesterday! So less than two weeks.

Today I've taken copies to the bank for the executors account, the conveyancing solicitor for the house sale, and posted a few copies to my co-executor.

BobQ

As has been explained you can go to a solicitor to swear the oath. Strictly you are going to a "Commissioner for Oaths". Most solicitors can provide the service but not all do, although they will usually recommend one who does. If you use a solicitor to submit the probate form you have to go to a second solicitor to swear the oath.

In my experience it is fairly relaxed at a solicitors. You can swear on a bible or affirm. It often only takes 5 minutes. The solicitor usually checks your identity in some way. Then checks you understand that swearing an oath is like giving evidence in a court and lying is a very serious matter. The oath itself is very simple. You are just swearing that you are person named as the executor and that you will execute the will as defined in the documentation. Most will ask you to recite the oath (ie repeat aloud what the solicitor states) or read it aloud which is normal.

I once accompanied a nervous and elderly relative who kept making mistakes. So the solicitor just said: "OK, what you are supposed to say is .... (he read it aloud himself) ....so is that what you meant to say?" which he took as the oath being sworn. So tell Mum not to worry, they are used to it.

BobQ

sneekymum wrote: »

All a bit weird. Do people generally lie and cheat unless they've sworn an oath not to?

Not usually but it is far easier to charge you with perjury if you lie in an oath than to prove the other behaviours.

NotAMorningPerson

I was amazed how easy it was to swear at a local solicitor also ...

Initially I applied to the nearest district registry with the intention of trying to get an appointment at one of the smaller venues offered by that location but had the same problem as LutonGirl where there wasn't enough call for appointments at that location.

When I called the district registry they offered me an appointment a week later, which was pretty good given the letter said they had a 2 week waiting list. I wasn't overly keen on the 2 hour return trip to swear the oath there though and luckily the nice lady I spoke to mentioned that I could swear at a local solicitor.

I didn't realise it was still an option to use a local solicitor as I thought I had to specify that on my initial application and since I had chosen the registry option I assumed I'd been sent some special version of the paperwork meant for a registry appointment only. However the lady said it wasn't a problem and that the solicitor would amend the oath as appropriate to reflect it was being sworn with them instead.

I googled local solicitors who were mentioned as a 'commissioner for oaths' and the first one I called said it would be £7 to swear and if I could pop in that afternoon they could do it there and then - this was at 3:30pm on a Friday!

Can't believe I had even considered the 2 hour return trip to swear at the registry just to save the swearing fee at the solicitor.

Sent mine off and now waiting for the grant to arrive - think it should arrive within 10 working days once they receive the sworn oath.

(Note: had to rewrite the last couple of sentences as they disppeared after I tried to edit to finish a sentence it seems I'd stopped in the middle of - all very bizarre! Might have forgotten what I orginally said so this is the closest I can get)

SandraScarlett

I've just posted a new thread under DIY Probate. I sent all my documents last Saturday to Ipswich, and received the Oath today. I have an appointment at my solicitors to swear, on Monday, and there is a set fee of £7.


No need to go anywhere, other than your nearest solicitors. I was advised to post mine to Ipswich because they have a fast turnaround, and that's proved true.


xx

GaleSF63

The Manchester office is also fast (or was a year ago anyway).