when submitting a paper application for probate we are required to send a death certificate for the testator, but not for online applications; and
when submitting an online application for probate we are required to send a death certificate for pre-deceased executors, but not for paper applications?
The requirement to produce a death certificate for pre-deceased executors is likely to cause problems (and delays if you didn’t know about it, which I didn’t), because it is not uncommon for the family or other executors to simply know that someone has died, but have no further details, particularly if the Will is old. But quite apart from that, the lack of consistency in the system is very likely to lead to errors and (therefore) further problems and delays.
I don’t know about the online application process (we have yet to enter that particular vipers den) however there is no requirement to submit death certificate with a paper application when using form PA1P (PA1P_0320_practitioner.pdf)
“An official copy (not a photocopy) of the death certificate, or a coroner’s interim certificate of the person who has died (Not required for legal professionals).”
Similarly, if a named executor has predeceased this can be noted at box 1.3, and there is no need for death certificates of predeceased executors.
“1.3 Are there any other differences in the will, such as a successor appointed?”
By the way, if the prima facie position is the Will is valid, there is also no need to complete section 4.2.
It has just been pointed out to me that legal professionals do not have to send death certificates for the testator (mentioned in brackets on the PA1P) – but I would add that as there are two different editions of the form, one for citizens and one for legal professionals, why mention the death certificate in the legal professional edition at all?
And my original question about death certificates for the predeceased executors remains. Why is that now a requirement?
“…one for citizens and one for legal professionals, why mention the death certificate in the legal professional edition at all?”
Reason is the form and document scanning systems were designed for humans, not practitioners, and the practitioner version is the same as the human version save for a few last minute amendments.
In addition, there are versions of the PA1’s with additional margin / reference notes available from the review forum – if you wish to email me I will send them over.