Grant of Administration with Will Annexed2

Step 1 of 5: Check that the will is annexed

This grant is issued when a person dies leaving a will, but either no executor is appointed in the will or the appointed person cannot or will not act as executor. The person entitled to apply for the grant in this case is usually determined by the terms of the will.   

This type of grant is needed if:

• The appointed executor renounces their role.
• The executor(s) have passed away without proving the will.
• No executor is named in the will.
• The appointment of the executor is void.
• The appointed executor refuses to apply for a grant of probate and does not renounce.
• The executor resides abroad and is unable to apply in person.
• The executor is a minor or lacks capacity to make their own decisions and therefore cannot administer the will.

Step 2 of 5: Complete the forms you need to start the application process

Notice of Application (Will Annexed)

This form sets out the fact that the solicitor or solicitor's firm is making the application on behalf of a client who is the person with the highest legal priority (legal next-of-kin).

Oath of Administrator with Will Annexed including bond for single applicant 

or

Oath of Administrator with Will Annexed including bond for multiple applicants

An oath is a sworn document confirming the applicant will faithfully administer and account for the estate. The original oath must be lodged (no photocopies). The title, jurat and details must match the Notice of Application.

Step 3 of 5: Gather the documents you need

The original will

The original will (or a court-certified copy) must be signed by the applicant and commissioner. The same applies to any codicils (if they are present). Additional information may be required in some circumstances.

Other documents you need

• One engrossment of the will (a certified copy stamped by a solicitor).
• The original death certificate or interim coroner’s certificate.
• Notice of Acknowledgement (Probate) from Revenue (SA.2) for deaths on or after 5 December 2001 OR
• Inland Revenue Affidavit (CA24) for deaths before 5 December 2001.

Step 4 of 5: Prepare renunciations (if needed)

Renunciation

A renunciation is needed when someone entitled to apply steps aside. So, for example, if there are 3 surviving children of the deceased, then 2 of them can renounce to allow one member to apply for the grant (it is important to note that this is just a renunciation of the right to apply for probate - it is not a renunciation of assets that might come to the party involved during probate).

A renunciation:

• Must be completed on the correct form and signed and witnessed in the presence of a neutral witness.
• Must be exhibited in the oath.
• Where the renunciation is 1–3 years old: a solicitor's letter and fresh consent is required. Where the renunciation is over 3 years old: a new renunciation is required.

Form: Renunciation form

Step 5 of 5: Prepare affidavits (if needed)

Affidavit of testamentary capacity

Required when:

• The person died in a psychiatric hospital.
• The will was made within 10 years of death and cognitive impairment is noted.
• The will was made in a solicitor’s office within 5 years and impairment is noted.

Must be sworn by a doctor and explain their knowledge of the deceased.

Affidavit of attesting witness

• Sworn by someone present at execution of the will.
• Addresses issues raised by the Probate Office.

Affidavit of plight and condition

• Sworn by someone with knowledge of the circumstances.
• Explains damage, alterations, or concerns with the will.