Tales from the Probate Box – Why does the state of your Will matter?

For this month, we thought we would look at a part of the Probate process you probably do not think about.

As we have explained many times before, the probate process is a two-stage matter, with an application to HMRC in many cases and an application to the Probate Registry, a division of the Courts, in all cases.

Most of our applications to the Probate Office are made online, although there are certain scenarios – usually complicated ones – where an application has to be made by post.

At the same time as we make the online application, we have to post the original Will to the Probate Office.

For some of our clients, the fact that we need the original document often leads to frantic searching.

Yet, the more interesting fact is that sometimes we receive enquiries from the Probate Office regarding the state of the Will.  These have included: –

• A Will where the deceased’s signature was barely written. The Probate Office took this to mean that the person could not read, nor write, and we were asked to confirm that the Will had been read to the deceased before signing. The actual reason was that the testator was seriously ill with muscle difficulties and therefore limited in his ability to sign.
• A recent case saw the Will delivered to us as five separate sheets of A4 paper, not stapled. Each page was numbered, but the Probate Office wanted to know why it wasn’t stapled. Their concern was that pages had been swapped. The actual reason was that the Will had been emailed to the deceased as he was abroad, he had printed the Will, had it signed and witnessed but never stapled it.
• A further case resulted in an enquiry as the Probate Office detected the imprint of paperclips on the Will. The Registrar’s concern was that there might have been a Codicil attached to the Will which had been removed, when in reality the Executor had sent it to us paperclipped to a covering letter.

Generally, the Probate Office is happy with our reasonable, and of course truthful, explanations. 

On some occasions, they require an affidavit sworn by an appropriate person.  In the first case, they asked if the witnesses were available to confirm the Will was read, for the second, they suggested the witness, or the executor confirming the state of the Will, and for the third, they suggested the executor.

Obviously, this leads to delays in an already slow system, so perhaps something to bear in mind.

This is also a useful reminder of the wider value of having a clear, properly prepared Will in place. Our will-writing services can help ensure that your wishes are recorded accurately, that the document is executed correctly, and that your loved ones are not left facing avoidable questions or delays at an already difficult time.

Together with our probate and estate planning expertise, we can help you put practical arrangements in place now, so that the administration of your estate is as straightforward as possible later on.

To talk to one of our professionals in confidence about our probate and estate services, call Barry Jefferd or Jenna Boddington on 01480 426500, or email probate@georgehay.co.uk.

For assistance with writing or updating your Will, contact Carol George on 01480 426500, or by emailing wills@georgehay.co.uk.

Our Probate service is provided through GH Probate Limited. GH Probate is the trading style of GH Probate Limited. Registered in England and Wales number 9630102. Registered Office: St George’s House, George Street, Huntingdon, Cambridgeshire PE29 3GH. Authorised to carry out the reserved legal activity of non-contentious probate and administration of oaths in England and Wales by the Institute of Chartered Accountants in England & Wales.

GH Wills is the trading style of GH Wills Limited. Registered in England and Wales. Company Number: 15577357. Registered office: St. George’s House, George Street, Huntingdon, Cambridgeshire, PE29 3GH.