Re: Interim operational arrangements due to COVID-19 restrictions (15th April 2020)
We write to inform you of the interim operational arrangements we will be making in light of the COVID-19 restrictions which will support more digital working at a time where we are all required to work remotely. The key changes will relate to the following areas: –
- Acceptance of Statements of Truth in place of affidavits
- Guidance on the signing/ witnessing of renunciations and Powers of Attorney
- Statutory Instrument 2020 No 33 Administration of Estates Act 1925 (Fixed Net Sum) Order
- Probate Practitioner Forms and electronic signatures
Acceptance of Statements of Truth in place of affidavits
Statements of Truth can be accepted in place of affidavits in the following circumstances:
- Identity of executor
- Misrecital of date of will in codicil (if rectification not required under S20 Administration of Justice Act 1982)
- Rule 41 – amendment of grant
- Rule 41 – revocation of grant
- Rules 30(1) (a),(b) and (c)
- Rule 35(4)
- Rule 13 (knowledge of content of will)
- Rule 14 (alterations in will)
- Rule 15 (attempted revocation of will)
We are awaiting further advice as to the acceptance of statements of truth for use in applications under those rules which specify evidence must be submitted by affidavit.
Guidance on the signing/ witnessing of renunciations and Powers of Attorney
Documents including renunciations and powers of attorney which are required to be signed as a deed before a disinterested witness may be effected in the usual way using any method of signing/witnessing that can be achieved under the safe distancing measures as provided by the government. We would not look beyond any document that is submitted which is signed and witnessed in the usual way including the use of electronic signatures.
Statutory Instrument 2020 No 33 Administration of Estates Act 1925 (Fixed Net Sum) Order
With effect from 6th February 2020 the fixed net sum for spouses and civil partners of persons who have died after that date without leaving a will has been increased to £270,000. If you have been issued with a grant of Letters of Administration since 6th February 2020 and you think the entitlement to the estate may have been affected by this you are advised not to administer the estate and, if you are a personal applicant, to seek legal advice.
Probate Practitioner Forms and electronic signatures
We have received a few queries from practitioners in respect of whether the new forms are for use by practitioners and personal applicants to clarify these forms will become a combined form for use by both at the end of the transitional period. These forms will be uploaded as a combined form on to gov.uk at this stage and we will write to inform you of these changes in due course.
For clarity, the links to all the relevant paper forms for probate professional practitioners to use now are as follows: –
Apply for Probate where the deceased left a will (for probate professional practitioners only)
https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will
Apply for Probate where the person who has died did not leave a will (for probate professional practitioners only)
https://www.gov.uk/government/publications/apply-for-probate-by-post-if-there-is-not-a-will
Apply for a Caveat or extension (for probate professional practitioners only)
https://www.gov.uk/government/publications/apply-to-stop-a-grant-of-probate-by-post
Where to send forms (probate practitioners only)
Please note: – All forms for practitioner use contain the following statement in the title for probate professional practitioners only. If this statement is not contained the application is only for the use of personal applicants at this stage.
We would advise that any new work which is undertaken should now be completed by either using the new paper application forms (electronic signatures including typed signatures will be accepted) or you could alternatively apply online. HMCTS is actively encouraging the use of online applications as this enables us to maintain the service whilst many of our staff are also remote working.
For further information on how to apply online please use the following link: –
https://www.gov.uk/guidance/hmcts-online-services-for-legal-professionals
We continue to review processes in light of COVID 19 and will ensure we keep you updated on any changes in practice during this period of time. We would ask that if you have any further queries in respect of the contents of this letter that you only contact us if this is essential.
Your Faithfully,
Madhu Kumar
Probate Service Manager
HM Courts & Tribunals Service