When applying for "A Grant Of Probate" is it necessary for a signature to be witnessed by second solicitor ?

Question

After signing an application for "A Grant of Probate" in front of my own solicitor I was sent to another solicitor who was surprised the form was already signed by me. He commented on this but nevertheless "Witnessed" it anyhow.

This sounds highly irregular to me.

Can anyone advise me if it is legal or not ?

Also is there a web site where I could see "A Grant of Probate" layout?

Any help will be appreciated.

Thanks

Bill

Answer 1

When you apply for probate you have to make a statutory declaration before a commissioner for oaths.  Solicitors are usually also commissioners for oaths but they are not allowed to do both for the same person.  So they send you to the firm down the road to sign the oath.

If it was all you, it's all legal.  If you'd signed it and then I stole it from you and got the other solicitor to witness it so I could steal your inheritance it would be illegal.

Probate is simply a form telling the world that X has died and Y is their executor.  If you are the executor, once you have it you can take possession of the deceased's estate to distribute it.

Answer 2

Try this site.

http://www.huntlycomputers.co.uk/grant-o...