Applying for a Grant of Administration with Will Annexed (Solicitors)
Prepare renunciations and other supporting documents

Step 1 of 5: Check if this is the correct grant

A Grant of Administration with Will Annexed is issued when a person dies leaving a valid will, but:

• no executor is named in the will; or
• the executor has renounced; or
• the executor has died without extracting a Grant of Probate; or
• the appointment of the executor is void; or
• the executor refuses to act and will not renounce; or
• the executor resides abroad and is unable to apply; or
• the executor is a minor or lacks capacity.

The person entitled to apply for the grant is usually determined by the will and the hierarchy of beneficiaries.

Step 2 of 5: Gather all required documents

Use this checklist to ensure you have all the required documents. Missing or inconsistent documents will delay your application.

Documents required for all applications

• Notice of Application – Will Annexed
• Oath and Bond (original only):
  • Oath of Administrator with Will Annexed – single applicant
  • Oath of Administrator with Will Annexed – multiple applicants
• Original will and any codicils
• One engrossment of the will (certified copy)
• Original death certificate or interim coroner’s certificate (no photocopies)
• Notice of Acknowledgement (Probate) — SA.2 for deaths on or after 5 December 2001
• Inland Revenue Affidavit (CA24) for deaths before 5 December 2001
• Probate fee

Documents required in certain circumstances

• Statement of Current Market Value — required where the death occurred more than 2 years ago. The oath must state the current value.
• Administration Bond (correct version):
  • Bond for deaths before 01/06/1959
  • Bond for deaths between 01/06/1959 and 31/12/1966
• Affidavit of Testamentary Capacity — required when:
  • the will was made within 10 years of death and the death certificate mentions cognitive impairment; or
  • the will was made in a solicitor’s office within 5 years of death and the death certificate mentions cognitive impairment.
• Affidavit of Attesting Witness — if the will lacks a valid attestation clause.
• Affidavit of Plight and Condition — if the will is torn, damaged or shows signs another document was attached.
• Renunciation of Administration — if a person entitled to act renounces.
• Charitable Bequest Form — required where the will includes charitable gifts.
• Court/Probate Officer’s Order — for certain specialised cases under Order 79. Any order made must be referenced in the oath.

Step 3 of 5: Prepare the oath, title and bond

Oath – Will Annexed

The oath must be completed carefully. Lodge the original oath only.

Requirements

• Names and addresses must match all other documents.
• The title must correctly identify why the applicant is entitled (e.g., residuary legatee, principal beneficiary).
• Date and place of death must match the death certificate.
• Relationship to the deceased must be stated.
• Gross estate figures must match the SA.2/CA24, or current market value where required.
• Jurat must comply with S.I. 95/2009 — see jurat examples.
• All exhibits must be signed, dated and cited in the oath.

Bond – Will Annexed

A bond is mandatory in administration (will annexed) applications.

Requirements

• Penal sum = twice the gross current value of the estate.
• Must be executed before the same solicitor/commissioner as the oath.
• Must include correct details of the deceased and applicant.
• Submit the original executed bond — no copies.

Step 5 of 5: Prepare affidavits (if required)

Depending on the condition of the will and the circumstances of the estate, additional affidavits may be required.

Affidavit of Testamentary Capacity

• Required where cognitive impairment is mentioned on the death certificate and the will was made within:
  • 10 years of death (general rule), or
  • 5 years of death if the will was made in a solicitor’s office.
• Must be sworn by a doctor who explains their knowledge of the deceased.

Affidavit of Attesting Witness

Required where the will does not contain a valid attestation clause or execution needs to be proven.

Affidavit of Plight and Condition

Required if the will is torn, damaged, or appears to have had another document attached.

See examples of correct and incorrect jurats for further guidance.