[12] There are sound reasons, which the Registrar refers to in his memorandum, for the requirement that the original document should be the subject of the application
for grant of probate.
The next of kin can apply
themselves for the Grant of Probate or letters of administration but may choose to instruct a solicitor to obtain this document.
On 18 February 2016 the government announced proposals to dramatically increase the costs of applying
for a grant of probate.
Not exact matches
They choose a will to go off
of (these steps could be reversed if the wills named different administrators, in which case each administrator would file
for the
grant of representation and consequently involve the
probate judge earlier)
Claims to rectify a will, or
for reasonable financial provision under the Inheritance (Provision
for Family and Dependants) Act 1975, have a time limit
of six months from the
grant of probate or letters
of administration.
A judge who approves the Request
for Probate will sign a
Grant of Probate, lending the court's endorsement to the provisions set out in the Will.
There is a 6 month time limit from the date
of the
grant of probate (or letter
of administration where there is no will) to bring a claim
for financial provision.
Mr. Forrest, Representative James
Grant (the sponsor
of the House version
of the bill), and Peter Dunbar (the lobbyist
for the Florida Bar's Real Property,
Probate, and Trust section) were all asked
for comment but did not respond.
Disbursements (3rd party costs) are extra: court filing fee ($ 200);
probate fees (depends on value
of estate); wills notice search fee (basic $ 21.50); court fee
for certified copy
of grant ($ 40); courier fees.
Fees imposed in other courts in England and Wales are also under review, but the proposed fees
for these courts do not begin to approach the scale
of fees imposed on the issue
of a
grant of probate.
A claim
for dependant's relief under Part V
of the Succession Law Reform Act must be made within six months
of the Certificate
of Appointment (
probate) being
granted to the estate trustee.