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NIPF 1 - Probate application - Will
This form is for an application where the person who has
died left a Will
Note - Do not attach, staple, paperclip or pin anything to the Will
The information you provide in this application form will be the basis of your statement of truth, and it will be stored as a public record.
Checklist– before you send your application form to NICTS Probate
Office you will need to enclose the following documents. Please complete the checklist below to ensure that your application is complete and retain copies for your own records, as failure to enclose these will delay your application being processed.
Probate Application (this form) - where a person who has died has left a Will. A certified copy of the lead applicant’s identification documents (Not required for legal professionals)
Inheritance Tax Summary Form: Please submit the appropriate form signed by all applicants (see additional notes in Section 7). The last original Will and any codicils made since that Will.
A copy of the death certificate, or a coroner’s interim certificate of the person who has died (Not required for legal professionals). Any other documents requested on this form. Please list them:
As well as the application fee, there is a fee for each official copy of the Grant of Representation that we provide. How many official copies of the Grant of Representation do you require?
Application fee
Fees for copies
Total fees
A cheque/postal order payable to ‘ NICTS ’ in respect of NICTS fees. Please write the name of the person who has died on the back of the cheque.
I would like the office to contact me to arrange payment by card. I have included my contact telephone number at 1.5 below.
For legal professionals If you have an ICOS Account number and would like to make your payment from that account, please provide it in the box below
If you need help filling out this form please call 0300 200 7812 We cannot provide legal advice
Did you know you can apply for Probate online? Search for 'Probate' at nidirect
Checklist note – ID – Details of acceptable identification and witness certification are available by searching 'probate' on nidirect. Original Will - NICTS will keep the original Will as it becomes a public document and by law, we must keep it when we grant probate to an Executor. Codicil These are additional documents that update the Will. Do not attach anything to or remove anything from the original Will/codicils. Also, make sure that you keep a copy for yourself. Other Documents - Include here if you are requesting that a Grant obtained in a Foreign Country is to be sealed by the Probate Office for use in Northern Ireland. Only state here the extra number of copies of the grant you require for use in Northern Ireland. This is in addition to the Grant of Representation included in the application fee. Details of applicable fees and how to pay can be found by searching 'probate' on nidirect.
Please send your form and required documents with payment to: NICTS Probate Office, Royal Courts of Justice, Chichester Street, Belfast BT1 3JF
1
SECTION A – PERSONAL INFORMATION
Please complete in BLOCK capitals placing a tick in boxes where applicable.
1. About the applicant(s) – All applicants must be over 18 years
A maximum of 4 may apply – if more than 4 executors wish to apply, please call 0300 200 7812 to request the relevant form.
1.1 Full name including middle names of first applicant
Forename(s)
Surname
1.2 Is the name of the first applicant different in the Will and codicil?
Yes, give the name as it appears in the Will or codicil in the box below
No
1.3 Are there any other differences in the Will, such as a substitute executor
appointed?
Yes, give details the box below
No
Note 1.1 – First Applicant If you’re making a joint application, the first applicant is nominated by all applicants to apply on their behalf. We’ll send the first applicant all correspondence and the Grant of Representation or to your legal representative, if named. Only list applicants who wish to be named on the grant in this section. They will be required to sign the declaration in Part B. Please note that names you provide here must be the same as the applicant’s identification documents such as their Passport or Driving Licence. You need to send certified copies of these documents in with your application. If the applicant is a firm or a company, please insert the name of the individual partner applying. If the applicant is a trust corporation, please insert the full name of the corporation in the ‘Forename(s)’ box. An original Trust Corporation Resolution, or a sealed and certified copy, must accompany this application and name an individual within the Trust as an appointee for contact.
Note 1.3 – A substitute executor is a person appointed to act as executor in the event that the original executor is unable to fulfil their role. When there are no executors applying, you may wish to seek legal advice in regard to who is eligible to apply in these circumstances, the Order of Priority is set out in Rule 18 of Order 97 of the Rules of the Court of Judicature (Northern Ireland) 1980. If you are applying on behalf of an executor under power of attorney , you should provide your details in section A and provide their details in Section 5 of this form
1.8 Full name including middle names of second applicant
Forename(s) Note 1.8 – If the applicant is a firm, company, or corporation, please insert the full name in the ‘Forename(s)’ box.
Surname
1.9 Is the name of the second applicant different in the Will and codicil? Yes,
give the name as it appears in the Will or codicil in the box below
No
1.10 Second applicant’s address
Building number and street
Second line of address
Town or city
County (optional)
Country (optional)
Postcode
1.11 Second applicant’s Occupation
1.12 Full name including middle names of third applicant
Forename(s)
Surname
1.13 Is the name of the third applicant different in the Will and codicil?
Yes, give the name as it appears in the Will or codicil in the box below
No
1.14 Third applicant’s address
Building number and street
Second line of address
Town or city
County (optional)
Country (optional)
County (optional)
Country (optional)
Postcode
1.19 Fourth applicant’s Occupation
Note – If no executor is applying for this Grant, or the deceased was domiciled outside Northern Ireland (see 2.10) or you are applying as an Attorney (see section 4), you will need a legal representative to apply.
1.20 Do you have a legal representative acting for you? Yes, give details below No, go to Section B
Legal representative’s name
Name of legal representative’s firm
Reference number
Address Building number and street
Second line of address
Note 1.20 – A legal representative is either a solicitor or other professional who is licensed and authorised by their governing body to carry out the reserved legal service of probate in accordance with the Law Society of Northern Ireland. If you have a legal representative we will send all communication and correspondence to them.
Town or city
County (optional)
Country (optional)
Postcode
Email address
Phone number
2.7 What was the place of death?
2.8 Was the person who has died known by any other name in which they held assets?
Yes, go to question 2.
No, go to question 2.
2.9 Please give the details of any other names by which the person who has died held assets.
Note2.7 – This is the location that the person was pronounced dead and can be found on the death certificate.
Note 2.8 - These names must be ones that will appear on the grant because an asset is in that name. We do not need to know the asset.
2.10 Did the person who died live permanently in Northern Ireland at the date of death, or intend to return to Northern Ireland to live permanently? (For legal purposes this generally means they were domiciled in Northern Ireland. You may wish to seek legal advice about this.)
Yes
No (You will need to seek legal representation to progress this application and further information will be required at section 5 )
2.11 Does the name of the person who has died appear differently on the Will? Yes, record the name as it appears on the Will
No
2.12 What was the occupation of the person who has died?
Note 2.10 – Living permanently means they had either their permanent or principal home in Northern Ireland at the date of death or they intended to return to Northern Ireland to live permanently.
Note 2.12 – State the former occupation if retired, or unemployed if the deceased was never employed prior to their death.
Full name
Questions 2.13 and 2.14 are for legal professionals only
2.13 Type of application
2.14 Please give your grounds for application, plus any relevant information
Note 2.13 and 2.14 – If your application is not for probate or there are limitations to be applied, e.g. Reseals, Double Probate, De bonis non, please provide details of the type of grant required and details of the grounds for the application and any relevant information (e.g. limitations required) in box 2.14. For guidance on the information that is required and wording that should be used, please refer to Tristram and Cootes or Margaret K M Aiken’s Probate Practice Notes. Please send all of your evidence in support with this application.
3.7 Name any executors who are not making this application, and explain why.
Reasons for executors not applying:
A – They died before the person who has died.
B – They died after the person who has died (Please include the date they died by their name).
C – Power reserved: they have chosen not to apply, but reserve the right to do so later. (Before you send off your application please read NOTE REASON C )
D – Renunciation: they have chosen not to apply, and give up all rights to apply. (Before you send off your application please read NOTE REASON D )
E – Power of attorney: they have appointed another person to act as their attorney to take a Grant of Representation on their behalf (You will also need to complete Section 5 of this application). (Before you send off your application please read NOTE REASON E )
F – They lack capacity to act as executor. (Before you send off your application please read NOTE REASON F )
Note 3.7 – Executors are the first person who can apply for a grant. We need to know why any executors aren’t included in this application. This includes any executors who have pre-deceased. If you do not provide all of the information this will delay your application.
Reason C form - can be accessed by searching 'probate reserve power' on nidirect.
Reason D form - can be accessed by searching 'probate renounce power' on nidirect.
Full name(s) of executor(s) not applying (^) D, E or FA,B,^ C,
Reason C
If any executors are having power reserved, you must get them to complete and sign a Reserve Power form and send it to us with this application (not required for legal professionals). Reason D
If you state that an executor has given up their right to apply, must get them to complete and sign a Renunciation form and send it to us with this application.
Reason E
If you state that an executor wishes to appoint an attorney or they already have an attorney, you will need to provide one of the forms mentioned in Section 4 with this application.
Reason F
If you state that an executor lacks capacity and are incapable of managing their property and financial affairs, you may wish to seek legal advice before completing this application. You will need to complete Section 4 and include any relevant requested documents with this application.
3.8 I/we have included Reserve power, Renunciation or Power of Attorney forms (where required) or documentation with this application to account for all Executors who are not applying.
If you fail to include these forms, it will delay your application.
3.9 Are there any features of the Will that you wish to highlight that could affect the validity of the Will, such as the condition of the Will, or if it has been separated, why, who by and when? Yes - please give details in the box below
No
3.10 Can you confirm the Will consisted of the pages now being submitted and no other pages or documents of a testamentary nature or other nature were attached. Yes
No
Only answer this question if no executor to the will is applying
Question 3.11 is for legal professionals only
3.11 Having reviewed the order of priority, as set out in Rule 18 of Order 97 of the Rules of the Court of Judicature, please state what level the applicant qualifies to apply for a grant of representation.
Note 3.9 – For example, if the Will was separated for photocopying and stapled back together, please explain why this was done, when it was done and by whom.
4.3 Has anyone been appointed by the Office of Care and Protection to act on behalf of a person on whose behalf you are applying including the right for a Grant of Representation? Yes, please provide an official copy of the court order with your application. Now go to section 5. No
Except in cases where a Solicitor practicing in Northern Ireland, a Trust Corporation or an officer of the Crown acting in his official capacity is acting as an Attorney, all other attorney applications will require a guarantee to be submitted together with this application.
4.4 Has a guarantee been entered into in line with Rule 38?
Yes, you must submit your guarantee with this application.
No, your application can only proceed if the Probate Master has waived the requirement for Guarantee and you will need to provide evidence that the Master has done so when submitting this application.
4.5 Has a person on whose behalf you are applying appointed an attorney under an Enduring Power of Attorney (EPA)?
Yes, go to 4. No, go to Section 5
4.6 Has the Enduring Power of Attorney (EPA) been registered with the Office of Care and Protection? Yes, please provide the original EPA (or a solicitor’s certified copy of it certified on every page.) with your application
No, this must be registered before proceeding with your application.
Note 4.4 – The requirement for a guarantee is set out in Rule 38 of Order 97 of the Rules of the Court of Judicature (Northern Ireland) 1980. Guarantees must be in Form No.1 as per the above Rules.
Note 4.6 – An EPA must be registered with the Office of the Care and Protection before it can be used.
5. Foreign domicile
Note – If you answered ‘Yes’ to question 2.10, you don’t need to complete this section please go to Section 6.
5.1 What was the country where the person who died either lived permanently at the date of death or intended to return to live permanently?
5.2 Has an entrusting document been issued by the court where the person who has died was domiciled? Yes, please provide the official document with your application; if it is not in English, please also provide an official translation. Go to Section 6.
No
5.3 Has a succession certificate, inheritance certificate or equivalent document been issued by a court or Notary in the country of domicile of the person who has died?
Yes, please provide the official document with your application; if it is not in English, please also provide an official translation.
No
Note 5.2 and 5.3 – An entrusting document is an official court issued document from the place of domicile which enables the person(s) named to collect the estate in and administer it-in the same way that our grants of representation do. A succession certificate or inheritance certificate is legal document that is usually issued by a civil court outside of the UK or a Notary Public that confirms who is entitled to the estate of the person who's died without leaving a will. If you do not have any of these documents, you may wish to seek legal advice.
STATEMENT OF TRUTH
Proceedings for fraud by false representation may be brought (which carries a maximum of 10 years imprisonment, a fine or both) against the undersigned if it is found that the evidence provided is deliberately untruthful or dishonest, as well as revocation of the grant.
The undersigned is/are applying for a Grant of Probate and confirms:
- That the last will and any codicils referred to in this application is the last will and testament of the person who has died
- to collect the whole estate
- to keep full details (an inventory) of the estate
- to keep a full account of how the estate has been distributed
If the Probate Office asks the undersigned they will:
- Provide the full details of the estate and how it has been distributed
- Return the grant of representation to the court
and understand that:
- The application will be rejected if the information requested in this application or any additional documentation is not provided.
- Proceedings for fraud by false representation may be brought (which carries a maximum of 10 years imprisonment, a fine or both) against the undersigned if it is found that the evidence provided is deliberately untruthful or dishonest, as well as revocation of the grant.
The undersigned confirm to administer the estate of the person who has died in accordance to law, and that the
application is truthful.
This statement of truth must be signed by all persons making this application. You are signing this statement of truth to indicate that the facts stated in this application and any attached sheets are true and complete.
Name of first applicant Name of second applicant
Signature Signature
Name of legal representative’s firm (if applicable)
Date signed
Name of third applicant
Date signed
Name of fourth applicant
Signature
Signature
Date signed
Date signed
Please send the original form signed by all applicants and required documents with payment to:
NICTS Probate Royal Courts of Justice Chichester Street Belfast BT1 3JF
