Proving a copy will + confirmation as to persons prejudiced by proving a copy

Trusts Discussion
1

The Probate Registry have asked for notice to be given to the persons prejudiced by an application to prove a copy Will, under rule 54. I assume that this means those that would otherwise be entitled under the intestacy rules which in this case is the testator’s wife. The deceased’s will leaves his estate to his sister in law and her husband (Mr & Mrs A). The deceased’s wife survived him and lives in Pakistan whereas the deceased lived in the UK. The main asset is a UK property which was originally held in the sole name of Mr A. At some point Mr A transferred the property to the deceased’s sole name . This was done on the understanding that when the deceased died, he would leave the house to Mr & Mrs A.

Is there a specific form that the notice needs to take as I can find nothing by way of precedent and neither have I been able to find anything in Tristram & Cootes.

Any guidance would be very welcome!

2

Hi Sarah,

I had a similar situation last year. The deceased’s copy Will left his long-term partner (unmarried) the bulk of the estate and a small gift to his sibling and two friends. Under the intestacy rules, the sibling would have been entitled to the full estate. We didn’t provide any sort of formal notice but simply wrote to the sibling explaining the situation and requested they sign a statement confirming they were aware they may be prejudiced by the proving of the Will but nevertheless approved the content of the copy Will. We recommended they took independent legal advice before signing of course. They returned the signed statement. We sent it to the probate registry and probate was granted shortly after. I don’t know if the sibling did take legal advice or not but appeared happy to honor the deceased’s wishes.

Hope this helps.

Anthony