Hello all
Testator was a US citizen, domiciled in the US, and made a US Will (in English). The original Will was admitted to probate in the US, so is not available. I have been sent a US court-issued exemplification of the US Grant and US Will.
I am aware that I need to make the application for the UK Grant on paper (sigh). Under r30(1)(a) NCPR 1987, is there anything else HMCTS may require before they can issue the UK Grant? Any Statement of Truth or similar?
The UK Grant is required to deal with a UK property and bank account. I have submitted a pre-lodgement enquiry, but it is taking rather long for HMCTS to reply…
Many thanks in advance for your help.
I have never had any difficulty in obtaining a Grant in England and Wales where there is a “foreign” Grant from the country of the domicile. In “my” estates the foreign country is usually Ireland. In the days of the Oath I always applied for an Order under Rule 30(1)(a) of the NCPR 1987 in the body of the Oath, which Order was made by the Registrar of the particular DPR without anything further having to be submitted.
Since the introduction of form PA1P, in the “grounds for application” at box 2.16 of the form I refer to Rule 30(1)(a) of the NCPR 1987.
In the Irish estates the only additional document that I submit is a sealed and certified copy of the Will and Irish Grant, issued by the Irish High Court, ie the Probate Office or a local Registry . Where I have applied in estates where the deceased died domiciled in the US, I have submitted a Court-issued exemplification of the Will and US Grant, so you should not encounter any problems if you submit this. Unfortunately, the level of knowledge of officers at HMCTS is now so poor that the fact that you should not have any problems at HMCTS does not mean that you will not encounter any problems.
Cliona O’Tuama
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Hi Cliona. Many thanks for your reply.