Changes to probate procedures streamline process

Probate is the process of administering a deceased estate. This includes ascertaining assets and liabilities of the estate, paying debts or liabilities, and distributing the estate under the terms of the will.

It is generally required for all estates, but would not be required for:

• low value estates (under £5,000 and no land property or shares included);
• estates where all assets are owned jointly (as joint tenants) with another person and so pass under survivorship rules; and
• if bank balances are under £5,000, as most banks will allow access with a death certificate and a copy of the will.  

However, some will have different rules, so it is best to always check with them.

As part of the process of obtaining probate, there could also be Income Tax returns to deal with, as well as the Inheritance Tax return, and for larger estates this may also include the preparation of estate accounts.  

Bishop Fleming Bath Limited is licensed by the Institute of Chartered Accountants in England and Wales to carry out the reserved legal activity of non-contentious probate in England and Wales. We can assist you with this, as well as the other Estate work, including Inheritance Tax returns, Estate accounts and Estate administration.

Statement of Truth

 As part of the probate application, personal representatives are currently required to submit a signed ‘Statement of Truth’ which asks that the applicants to confirm that:

• The will being submitted with the probate application is indeed the last will & testament of the deceased.
• They will collect all of the estate assets.
• They will keep an inventory of the estate.
• They will keep a full account of how the estate is distributed (they will need to provide these details to the courts if requested).

As authorised practitioners, we will no longer be required to draft ‘Statements of Truth’ as part of our clients’ probate applications.  

This change is due to the digitalisation of the HM Courts & Tribunal Services’ (HMCTS) probate systems and procedures.  

We hope that this change will make the process more streamlined and will minimise delays in receiving the grant of probate.

Legal Statement

We will now be required to complete form PA1P (the same as personal applicants). The practitioners’ form is slightly amended from the personal applicant form, with some additional questions regarding the practitioner.  

The form contains a ‘Legal Statement’ which now replaces the Statement of Truth (which had previously, in most cases, replaced the need to swear an oath).  The legal statement will still need to be signed by all applicants (or their legal representative).

The deadline for submissions under the old Statement of Truth approach is 18 May 2020 (extended from 20 April 2020), after which the new form must be used.  

If work has already started on your application under the old approach, we will ensure that this is submitted to the probate registry before the deadline.

Contact us

At the extremely difficult time of losing a loved one, it can be comforting to know that all necessary matters are going to be dealt with efficiently and compassionately by experienced professionals.  

If you require assistance with probate or inheritance tax, please contact the probate team, or your usual Bishop Fleming contact who will put you in touch with the relevant team member.