Swearing the oath

Firstly thanks to all those who convinced me to handle probate rather than a solicitor and those who answered my questions. Not even 4 weeks yet from starting it and we are at the oath stage. My query today is about the oath.
Having printed off the documents it appears that my sister and I (joint executors) have to swear the oath at the same time in the same office. Am I reading that correctly?
Also it appears that there is no booking time at my local sub-office (Bodmin) - just turn up between 10am - 1pm or 2pm to 3pm on the day they are open. Does that sound correct? I will call them tomorrow anyway.
Thanks

Comments

  • poppystar
    poppystar Posts: 1,273
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    Yes you are reading it correctly, swearing at exactly the same time, as in together - quite amusing really, trying to keep in harmony with my father.

    I was surprised at the whole process. We had to go into a little room with the door open and no seats and read from a card clearly able to be heard by all the others waiting outside to swear their oaths. The strangest part of all was that we were not asked to produce identity. It was a mixture of archaic tradition and bad system.

    If they have said just to turn up then assume that is correct. We had an appointment time given but clearly others also had exactly the same appointment time. The swearing was very quick just one group of executors after another, conveyor belt fashion. All in all it took less than 10 minutes in the building!
  • PasturesNew
    PasturesNew Posts: 70,698
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    I had a different experience. Three of us named as executors, we'd decided that one was doing it alone and the other two expected to have to sign something.

    We were asked to sign nothing and were not contacted by anybody at any time. My sibling signed (apparently a new procedure/form) to say that they were the right person to be doing this etc etc and that was that. So, if we'd not been in communication, I'd have had no knowledge whatsoever of any of it occurring.
  • Savvy_Sue
    Savvy_Sue Posts: 45,936
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    If you'd rather make an appointment, then you can do the swearing at a local solicitor's office. I've done both: the solicitors seemed to be a bit less organised because we wanted to affirm rather than swear, and he didn't have the exact words handy ...

    But it was easier for us to meet at a solicitors between our respective homes rather than get to a probate office.
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  • poppystar
    poppystar Posts: 1,273
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    I had a different experience. Three of us named as executors, we'd decided that one was doing it alone and the other two expected to have to sign something.

    We were asked to sign nothing and were not contacted by anybody at any time. My sibling signed (apparently a new procedure/form) to say that they were the right person to be doing this etc etc and that was that. So, if we'd not been in communication, I'd have had no knowledge whatsoever of any of it occurring.


    I think you are referring to the probate application rather than the swearing the oath 'ceremony'. I have to say that I was very surprised that the application form allows whoever it is who is filling it in to simply give the name and reason why other people named as executors are not applying. This seems open to abuse since, as you say, the person applying could have filled it in without any reference to yourself and if you had never known you were an executor in the first place that would be you out of the picture. There may be some checks further down the line but it is not clear when or how this is checked, I suspect it isn't.
  • tiger305
    tiger305 Posts: 10 Forumite
    Thanks all. We live 70 miles apart but Bodmin is about mid-way so ideal. Best wishes to you
  • You can arrange to swear it at a local solicitor for a small fee.
  • FreeBear
    FreeBear Posts: 14,416
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    When it came to us doing the oath bit, my co-executor did hers through a local solicitor for a nominal fee, and I did mine at the court. If/when you ring up for an appointment, you can ask about swearing the oath separately and they should be able to tell you what the procedure is.
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  • brewerdave
    brewerdave Posts: 8,498
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    I was one of 4 named executors -it was agreed that for reasons of work and geography ,that I would act as executor with the other 3 listed as "power reserved". When it came to the Oath, I affirmed at a local solicitors, took 5 minutes and cost £7 -I remember that included in the paperwork for the Oath was the statement that any other executors had been informed of the application for Grant of Probate in writing,which I had done. Apparently there used to be a requirement for the other executors to complete and sign a form ,but that seems to have vanished.
  • I'm the same person as tiger305 - not sure why it flips between the 2 names?
    Anyhow - as mentioned by Freebear the chap at the probate office explained that you can do it at separate locations. What was interesting was that the official had sent my documents to me by e-mail and he asked whether it was OK? I was one of the first of his customers to get this service. It was absolutely fine and probably saved 3-4 days.
    All done so almost there now.
  • vfm
    vfm Posts: 129 Forumite
    One of the Executors swore the oath at a local solicitors then posted the forms for the other two to sign at the Court (which was easier for them). So we all didn't do it together. We didn't need an appointment at the Court, we simple turned up and it was all done in less than 5 minutes.
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