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Probate & Wills and succession planning

Why you will no longer need to swear when visiting your solicitor

Aidan Grant comments on the Government’s decision to make a ‘digital’ statement of truth.

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The Government has announced that, from the end of November, executors will no longer need to formally swear an oath before receiving the grant of probate – instead they will be able to make a ‘digital’ statement of truth. This move by the Government will be a welcome relief for executors nationwide, as the requirement that all executors must have their oath sworn in front of an independent solicitor is one of the more arduous aspects of the probate administration process.

Coupled with this is the added benefit of being able to apply for probate online, rather than in paper form. This is all part of the Government’s move to make the probate process more modern and simpler.

This is likely to be a welcome change for probate administration firms up and down the country. However the authorities are yet to release any guidance on how the new process will work and from when it will go live. It remains to be seen whether such a dramatic change will be plagued by the same technological problems which occurred with the introduction of the Trust Registration Service in 2017.

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Aidan Grant

Senior Associate

aidan.grant@collyerbristow.com



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