Issues with online probate application

63ajac

Finally, after weeks of waiting, a co-executor that I have named in an online probate application has now been contacted by HMCTS a day or so ago.  However he was asked to make an application for probate himself, which he has done, but this now means we have both made an application for the same thing, whereas I thought he was going to receive an email simply asking him to confirm that he is a co-executor as named in the will so that I could then proceed to the next step in my original application.

So he being asked to make an application himself, doesn't make any sense.  Also, do we now each have to pay a 300 GBP application fee? Surely only one application is needed, not two.

DancingBadger

Yes, only one application is needed.  What usually happens is one executor applies and the other(s) renounce.  Are you on good terms with your co-executor?

63ajac

Many thanks for helping.  The co-executor and myself are on fairly good terms and yes, I also thought only one application was needed.  Why then did they contact the co-executor asking him to submit another application.  I'm starting to wonder if there's something wrong with the online process.

RAS

Sounds like your relative has misunderstood the information or that they got someone on the phone bank who doesn't understand things. 

Did the person who spoke to him leave a name? Can the relative be persuaded that they need to clarify the situation?

63ajac

Well going by what he told me, he responded to an email sent to him by HMCTS instead of speaking to someone on the phone.  As to misunderstanding the info in this email, that I don't know, so I'll have to ask him to send me a copy of that message.

RAS

63ajac said:

Well going by what he told me, he responded to an email sent to him by HMCTS instead of speaking to someone on the phone.  As to misunderstanding the info in this email, that I don't know, so I'll have to ask him to send me a copy of that message.

That might be a good idea, as if he's misunderstood the probate application is going to be stopped and there might be something else also stopped.

Stopped applications take a lot longer to be processed.

otb666

Steps for a Joint Online Probate Application

1. Agree on a Lead Applicant: The executors must choose one person to be the lead applicant. 

Provide Details: Each executor must provide their email address and mobile phone number to the lead applicant. Internet Access: Everyone applying must have internet access. Start the Application: The lead applicant begins the process by answering questions on the online system. Legal Declaration:

• The lead applicant will be sent the legal declaration to review and sign. 
• Once the lead applicant signs it, the other executors receive an email and text message to access the declaration. 
• Each of the other executors must then sign the legal declaration themselves or authorize the lead applicant to sign on their behalf. 

Payment: The application fee must be paid when submitting the application. Receive the Grant: The lead applicant will receive all official correspondence, including the Grant of Probate, and will then pass it on to the other executors. 

63ajac

RAS said:

63ajac said:

Well going by what he told me, he responded to an email sent to him by HMCTS instead of speaking to someone on the phone.  As to misunderstanding the info in this email, that I don't know, so I'll have to ask him to send me a copy of that message.

That might be a good idea, as if he's misunderstood the probate application is going to be stopped and there might be something else also stopped.

Stopped applications take a lot longer to be processed.

This is what I was worried about.

63ajac

otb666 said:

Steps for a Joint Online Probate Application

1. Agree on a Lead Applicant: The executors must choose one person to be the lead applicant. 
2. Provide Details: Each executor must provide their email address and mobile phone number to the lead applicant. 
3. Internet Access: Everyone applying must have internet access. 
4. Start the Application: The lead applicant begins the process by answering questions on the online system. 
5. Legal Declaration:
   • The lead applicant will be sent the legal declaration to review and sign. 
   • Once the lead applicant signs it, the other executors receive an email and text message to access the declaration. 
   • Each of the other executors must then sign the legal declaration themselves or authorize the lead applicant to sign on their behalf. 
6. Payment: The application fee must be paid when submitting the application. 
7. Receive the Grant: The lead applicant will receive all official correspondence, including the Grant of Probate, and will then pass it on to the other executors. 

This is exactly the online process that I went through and, at least as far as I was aware, the co-executor was sent an email asking him to make the declaration, yet for some reason he was asked to make an application.

RAS

You need to see the email. As you can't have two lead applicants.

otb666

let us know as we have got one to do soon and know that they wont want to renounce their duties as executor but happy for one of executor to take the lead and get copies of whats been done