In a bit of a bind!

A probate application was submitted together with the original will. The will was never bound or stapled but in single page format with pages consecutively numbered 1/3, 2/3, 3/3. Clauses run consecutively with no mis-numbering. The relevant clauses run to half way down page 2/3 and a line included across the remainder of the page. The attestation fell onto the third page.

Probate office have come back to ask if the Will was ever bound, why it was unbound and that nothing was removed since the executor held the will. They have asked for the contact details of the witnesses to contact them to confirm with them the circumstances regarding the execution of the will.

Obviously there is no legal requirement for a will to be bound. Have any others had a similar response?

We have not had an experience exactly like this but we did get an enquiry email asking a question which we didn’t feel was relevant to the issue of the Grant so we simply replied and asked on what basis was the question asked. Never received a response but the Grant issued.

Like Nigel, I received a query/ comment which, while not irrelevant, had clearly been sent by somebody inexperienced . It said that, as there was a foreign domicile, the case had been “stopped” and would go to a specialist review team. A large part of my practice is obtaining English Grants in the estates of deceased individuals who died domiciled in Ireland. I have never previously had an application ”stopped” on the grounds of a non-UK domicile. I despair!

Cliona O’Tuama

Thank you for your reply Nigel which is appreciated. It is a strange one and I have never seen this before. All the correct confirmations were provided in the application such that the will consisted all the pages submitted and there were no other pages or documents of a testamentary nature etc.

Thank you for your reply Cliona - much appreciated.