Executors' Oath

Margot123

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?

Savvy_Sue

I do not remember signing the will itself, but it's a few years ago now.

Margot123

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

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

badmemory

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

Margot123 wrote: »

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?

You only sign the oath.

Crabapple

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.

Yorkshireman99

Crabapple wrote: »

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.

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.

Margot123

Yorkshireman99 wrote: »

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.

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/

Yorkshireman99

Margot123 wrote: »

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/

Noted. Thanks. Mea culpa!