I’ve recently submitted an application for a GLA to Newcastle (paper application) but the family have now found a valid original Will! Apart from legacies to the grandchildren, it simply splits the estate three ways between the deceased’s sons who would all be entitled on intestacy, and appoints them all as executors. Sons were aware of mum’s wishes regarding the legacies and were happy to honour this.
Grant has not yet been issued (application was submitted in January and asked for it to be expedited as there was a sale agreed on the property before the date of death) - can I just email Newcastle and explain on the basis that the same person would be applying for the grant, or is there a more formal procedure to follow?
Never had this situation in over 20 years of doing this job!
Unfortunately, you will have to email HMCTS and inform them of the position so that the application for the grant of letters of administration may be cancelled. You may get a refund of the probate fee sometime in the future! You will then have to make an online application for probate in the usual way. As far as getting it expedited, best of luck, but I wouldn’t hold my breath if I were you!
The same thing happened on one of my cases recently. If the Grant is issued before HMCTS read you email asking for the application to be returned/cancelled, you will have to apply to revoke the Grant of Letters of Administration before you can apply for a GOP. The PR will need to sign a Legal Statement explaining what has happened when asking for the Grant to be revoked. There is no HMCTS fee for this.