Swearing an oath with a Solicitor

You no longer need to attend at a Probate Registry to swear the oath, but can do it in front of a local Solicitor like this:

  1. Complete the Probate Application Form (PA1) using our Sample PA1 for guidance.
  2. On the first page in the ‘Interview venue’ box write ‘Solicitor’s Office’ and leave the ‘Dates to avoid” box blank.
  3. Complete IHT205 using our Sample IHT205 for guidance (where there is Inheritance Tax to pay you need to complete IHT400 and pay the tax first).
  4. Send both forms to your local Probate Registry
  5. The Probate Registry will send the Oath to the first named applicant on the PA1. (If more than 1 applicant, you will all need to swear the Oath however).
  6. Make an appointment with a local Solicitor. A Wills & Probate Solicitor is usually best.
  7. Take with you the Oath and the original Will and any Codicils.
  8. Swearing the Oath will only take a couple of minutes as the Solicitor does not check the documents, it’s just procedural. All you have to do is sign the Oath and the Will (if there is one) and make a declaration.
  9. The cost is set at £5 for the Oath and £2 for each extra document, such as the Will. Pay this in cash to the Solicitor.
  10. Once this is done, send the completed documents back to the same Probate Registry.
  11. You should receive the Grant in a matter of weeks all being well.

You can of course still swear the Oath at the Probate registry if you prefer, where you can speak to the Registrar and they will take you through it. It should take no longer than 15 minutes, however, if you don’t have a Probate Registry nearby, it is usually more convenient to use a Solicitor’s office.


12 thoughts on “Swearing an oath with a Solicitor

  1. This page is incorrect. At step 7 above it says you have to take the original will to the solicitor when you swear the oath. In fact, you have to send the original will to the Probate Registry at step 4.

  2. Thank you, the above step 4 could have been worded better. The ‘Probate Forms’ tab above gives a fuller explanation of everything that needs to go to the Probate Registry.

  3. I sent all the forms to the probate office and got the IHT forms back which had to go to Nottingham to be validated and sent back to me to forward to the probate office.

  4. After swearing the oath, we are asked in the probate documentation to return three documents: the original sworn oath, with a copy of the will signed by a solicitor and the applicant(s); any other documents that have been requested; a checklist for personal applicant(s) signed each of the applicants. I have looked everywhere for this checklist, but cannot trace it. Can you help?

    • You should have received the checklist with the oath as i did two days ago when it arrived,i would suggest ringing the probate office.

  5. @ Peter Sebastian.

    Dear Peter,

    The checklist should have been sent to you with along with the oath and a copy of the will, It’s usually the last document in the pile and quite important as you have to sign it to confirm (amongst other things) that you have informed in writing all other executors (with or without powers reserved) that you have made an application for probate, Get in touch with your local registry office to find out where it is as this has to be signed and returned along with your oath!

    Regards

    Steve.

  6. The advice here is a lot clearer than on the forms that the Probate Registry send you. The form that you swear says that it was sworn in front of… insert name, address and date of solicitor. It doesn’t say that the person swearing needs to sign it. The form was returned to me 3 weeks later where I was then asked to sign it, which I did only for the Registry to tell me another 4 weeks later that the solicitor didn’t redate the form – which they weren’t asked to.

    Maybe this is obvious to people who deal with this every day but if you juist do what people ask you to do then you’re then penalised. I’m now nealry 2 months into the process and no further on.

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