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Is this a personal application please or a solicitors application?
What is the affidavit to say / what do you envisage is its purpose?
Hi, it is a solicitor's application. I am helping a friend whose father passed away intestate with assets of £80K, so just needed the precedent affidavit that I believe I send in to the Probate Registry with the PA1 and IHT205. I am a litigator and am helping a friend as a freebie so don't have access to any of the probate precedents with my firm.
Thanks. Finally for clarity though I appreciate you are a solicitor but based on what you say do I understand that you are not going to be submitting the application through your firm but are in effect simply helping your friend complete papers for a personal application. Is that correct please?
Hi Joshua, I will submit the application through the firm, so it will be a solicitor's application
Thanks. In tat case you will not need form PA1. Al you will need is IHT205 or IHT400 and the oath for swearing. I will just get you a precedent for the oath.
IN THE HIGH COURT OF JUSTICE
THE DISTRICT PROBATE REGISTRY AT [local probate registry]
I, [administrators name], of [ADDRESS] make oath and say that:
1. DECEASED NAME of ADDRESS deceased was born on the DATE day of DATE and died on the DATE day of DATE aged AGE years domiciled in England and Wales intestate a MARRIED/WIDDOWED MAN leaving [PERSONS] as the only person / persons now entitled to his estate
2. No life or minority interest arises under the intestacy;
4. To the best of my knowledge information and belief there was no land vested in the said deceased which was settled previously to his death and which remained settled land notwithstanding his death
5. I am the son of the said intestate and the only person / one of the only persons now entitled to the estate of the said intestate
6. I will:
(i) collect, get in and administer according to law the real and personal estate of the said deceased;
(ii) when required to do so by the Court, exhibit in the Court a full inventory of the said estate and render an account thereof to the Court; and
(iii) when required to do so by the High Court, deliver up to that Court the grant of letters of administration;
7. To the best of my knowledge information and belief the gross estate passing under the grant does not exceed £AMOUNT and that the net estate amounts to £AMOUNT and that this is not a case in which an Inland Revenue account is required to be delivered.
8. The name of the said Deceased shown on the Death Certificate is NAME
Sworn by the
this day of 2013
A Commissioner for Oaths.
Is there anything above I can clarify for you?
Hi, that is just what I was looking for and thanks for pointing out I don't need a PA1. Many thanks for your assistance. David