On the new form there is a box which the applicant is invited to tick confirming that written notice of the application has been given to the non proving executors, and a warning that the application may be delayed if notice isn’t given.
Where the executors are or include partners of a firm, and one of the partners is applying for probate, rule 27(1A) of the Non-Contentious Probate Rules 1987 provides that notice does not need to be given, and in the old oaths there would be no reference to giving notice to the other partners.
It therefore seems to me that we should not tick the box in these circumstances on the new form, and the application should not be delayed, but I can’t see anything on this in the recent FAQs and am nervous. Does anyone else have any experience of this?
Also, what if there are some non-proving executors who are partners and others who are not?
It just seems to be another example of a form, however long, not being able to cope with the myriad different situations which can arise.
Diana Smart
Gordons LLP