PROBATE (AMENDMENT) RULES 2016

Transcription

1 Probate (Amendment) Rules 2016 Rule 1 Statutory Doument No. 2016/0108 Administration of Estates At 1990 PROBATE (AMENDMENT) RULES 2016 Made: 23 Marh 2016 Coming into Operation: 1 May 2016 The Deemsters make the following Rules under setion 9 of the Administration of Estates At Title These Rules are the Probate (Amendment) Rules Commenement These Rules ome into operation on 1 May Interpretation In these Rules, the Prinipal Rules means the Probate Rules Amendment of the Prinipal Rules The Prinipal Rules are amended as follows: (1) In the Shedule, for Form 1 (Appliation for a grant) substitute Form 1 set out in the Shedule to these Rules. 5 Transitional Provisions Rule 4 does not apply to an appliation made before these Rules ome into operation GC166/88, as amended by GC176/92 and SD356/09 SD No.2016/0108 Page 1

2 Rule 5 Probate (Amendment) Rules 2016 MADE 23 MARCH 2016 D C DOYLE Her Majesty's First Deemster and Clerk of the Rolls A T K CORLETT Seond Deemster Page 2 SD No.2016/0108

3 Probate (Amendment) Rules 2016 SCHEDULE SCHEDULE IN THE HIGH COURT OF JUSTICE OF THE ISLE OF MAN CIVIL DIVISION PROBATE APPLICATION FORM Please refer to the GUIDANCE NOTES to assist you in ompleting this form. Please use CAPITAL LETTERS The Guidane Notes an be viewed online at or they an be obtained by from or by telephoning (01624) There are guidane notes provided to help you omplete this probate appliation form. They should not be treated as a omplete and authoritative statement of the law. Please note that Probate Offie staff members are not permitted to give legal advie or offer opinions and therefore if you are in any doubt about your rights, or the proedures to follow in relation to obtaining probate, you should seek legal advie. The Probate Staff an however provide assistane in the ompletion of this form. Where required, please refer to the Glossary of Terms of ommonly used legal expressions in the Guidane Notes. Setion A Details of the Deeased 1. Surname Title MR MRS MISS MS OTHER 2. Forename(s) 3. Alias name(s) (if any) 4. Address (enter last, full permanent address, inluding postode) 5. Plae of Domiile 6. Nationality 7. Oupation (if any) SD No.2016/0108 Page 3

4 SCHEDULE Probate (Amendment) Rules Date of Death (Death Certifiate attahed herewith) 9. Plae of Death (enter full address, inluding postode) Setion B Details of the Estate 10. Did the deeased leave a Will? YES NO If NO, go to Q Date of Will (being submitted with this form) 12. Are there any Codiils to the Will? YES NO If NO, go to Q Date(s) of Codiil(s) 14. Does a minority interest arise under the said Will, or, if there is no Will, intestay? YES NO 15. I an onfirm no persons are required to be given notie of this appliation (tik whihever box applies tik one box only) OR I an onfirm notie of this appliation has been given to the persons detailed below and I an onfirm that no further persons are required to be given notie of this appliation: NB - additional persons to be ompleted on a separate sheet and attahed to this form. Full name of (full address) Relationship to deeased Full name Page 4 SD No.2016/0108

5 Probate (Amendment) Rules 2016 SCHEDULE of (full address) Relationship to deeased Full name of (full address) Relationship to deeased Full name of (full address) Relationship to deeased Setion C The Will/Codiil (omplete only if the deeased left a Will/Codiil) 16. Are there any Exeutors named in the Will/Codiil? YES NO If NO, go to Q Give the names of those Exeutors who are not applying and the reasons why. All Exeutors must be aounted for. Full name Reason Guide A = pre-deeased B = died after the deeased C = Power Reserved (see Q 17 in Guidane Notes) D = Renouned Probate E = Power of Attorney granted to another F = Other (see Q.18) 18. If F is indiated at 17 above please state the reason in full this must be larified in respet of eah Exeutor if more than one is indiated by F. It must be learly indiated here if the appliation is being made by the person(s) entrusted in the deeased s ountry of domiile please refer to the Guidane Notes. NB - additional persons to be ompleted on a separate sheet and attahed to this form. SD No.2016/0108 Page 5

6 SCHEDULE Probate (Amendment) Rules 2016 Full name Reason Setion D Relatives of the Deeased (omplete only if the deeased did not leave a Will) 19. State the number of relatives of the deeased in ategories (a) to (h) inlusive. Number of relatives (if none, write nil) Und er 18 Over 18 (a) Surviving lawful husband or wife or ivil partner Categories (a) to (h) must be ompleted in all ases. (b) () (d) Sons or daughters who survived the deeased Sons or daughters who did not survive the deeased Children whose parent(s) at () above only who survived the deeased (ie surviving Grandhildren of deeased) If there are no relatives in a partiular ategory, write nil in eah box and move on to the next ategory. (e) (f) (g) (h) Parents who survived the deeased Brothers or sisters who survived the deeased Brothers or sisters who did not survive the deeased Children whose parents indiated at ategory (g) above only who survived the deeased (ie surviving niees /nephews of deeased) Please note : Categories (i) to (m) inlusive only need to be ompleted if the deeased had no relatives in ategories (a) to (h) inlusive. (i) (j) (k) (l) Grandparents who survived the deeased Unles or aunts who survived the deeased Unles or aunts who did not survive the deeased Children whose parents indiated at ategory (k) above only who survived the deeased (ie ousins of the deeased) (m) Other (please speify you may need to submit a family tree learly showing your link) Setion E Details of Appliant(s) 20. Appliant 1 Appliant 2 Surname or Company Name Forename(s) Alias name(s) (if any) Page 6 SD No.2016/0108

7 Probate (Amendment) Rules 2016 SCHEDULE Full address (inluding postode) Oupation Additional information Relationship to the Deeased 21. Appliant 3 Appliant 4 Surname or Company Name Forename(s) Alias name(s) (if any) Full address (inluding postode) Oupation Additional information Relationship to the Deeased SD No.2016/0108 Page 7

8 SCHEDULE Probate (Amendment) Rules Capaity in whih appliant applies please omplete by indiating - in one relevant box - as appropriate Appliant 1 Appliant 2 Appliant 3 Appliant 4 (a) as an Exeutor named in the Will or Codiil(s) (b) (one of) the person(s) benefiially entitled to the estate of the deeased () as a Lawful Attorney (see Question 23 below) (d) the person entrusted with the administration of the estate by the Court in the deeased s ountry of domiile (e) a benefiiary named in the Will or Codiil(s) (f) other (see Question 23 below) 23. If the role of an appliant is speified as Lawful Attorney or other in Question 22 above, please state who the appliant is Lawful Attorney for, or speify the role of the appliant respetively, below: Appliant 1 Appliant 2 Appliant 3 Appliant Please indiate what you are applying for: (a) (b) () (d) (e) (f) Probate of the Will of the deeased Administration of the estate of the deeased with the Will annexed Administration of the estate of the deeased Administration de bonis non Administration ad olligenda bona Administration pendente lite Page 8 SD No.2016/0108

9 Probate (Amendment) Rules 2016 SCHEDULE If (d), (e) or (f) is indiated above, please provide a full explanation in the box below: Setion F Appliations where the deeased died domiiled outside the Isle of Man 25. Has Probate or Letters of Administration been granted outside of the Isle of Man? YES Go to Q.26 NO If NO, go to Q Date of Grant 27. Details of issuing Registry/Court 28. Date of Will, (and Codiils), if any, in respet of estate outside of the Isle of Man other than the Will being submitted with this appliation (Please note that a plain opy of any other Wills (and Codiils) made by the deeased in respet of estate elsewhere in the world must be submitted with the appliation) If there are no other Wills please state this learly Setion G Address for Servie Please state the name of the person (or the name of the Isle of Man Advoates) submitting the appliation Box 1 SD No.2016/0108 Page 9

10 SCHEDULE Probate (Amendment) Rules 2016 Please state the address for servie in the Isle of Man (full address inluding postode) Box 2 Please note all orrespondene from the Probate Offie will be sent to the nominated address for servie in the Isle of Man Setion H Inventory of Estate The Probate Rules 1988 introdue provision for appliants to provide a full inventory of the estate of the deeased upon request. Suh inventory partiulars will be requested in full from time to time, however appliants are requested to omplete the following ondensed inventory in all ases to assist their orret alulation of the total estate value at the date of death of the deeased and to assist the Court in its onsideration of the appliation. Please tik and omplete the relevant boxes whih apply. 1. Property Yes No 1.1 Did the deeased own any real estate/property? 1.2 Is it jointly owned with another person? 1.3 If the answer to 1.2 above is No, please state the approximate value of the real estate/property (as at the date of death of the deeased) 1.4 Is it owned with another person as tenants-in-ommon? 1.5 If the answer to 1.4 above is Yes, please state the approximate value of the half ownership of the real estate/property (as at the date of death of the deeased) 2. Bank Aounts (Current and Savings) and Curreny/Cash Yes No 2.1 Did the deeased have any bank aounts or urreny/ash in their sole name? 2.2 If Yes, please state the approximate total value of the bank aounts/ash assets 3. Insurane and Pension Poliies/other Finanial Investments Yes No 3.1 Did the deeased have any insurane and/or pension poliies or other finanial investments in their sole name? 3.2 If Yes, please state the approximate total value of the poliies Page 10 SD No.2016/0108

11 Probate (Amendment) Rules 2016 SCHEDULE 4. Shares and Bonds Yes No 4.1 Did the deeased have any shares and/or bonds in their sole name? 4.2 If Yes, please state the approximate total value of the shares/bonds 5. Personal Chattels, Effets or other belongings (Please see Guidane Notes for further information) 6.1 Did the deeased have any personal effets? Yes No 6.2 If Yes, please state the approximate total value of the items 6. Please state the approximate total value of all of the deeased s assets to be onfirmed in the following Setion I (Value of Estate). Any additional information in respet of the assets of the estate may be added to the Notes Setion on page 8 of this appliation form or supplied on additional paper attahed to this form. Appliants should note that the information supplied in this Inventory must be orretly delared as this will affet the estate band values to be represented on the Grant issued as well as the fees payable (please see setion H of the Guidane Notes). Appliants should also note that failure to orretly delare an estate s assets may result in the imposition of additional fees and/or the ommenement of legal proeedings (please see setion H of the Guidane Notes). Setion I Value of Estate 29. Please indiate the gross value of the estate in the Isle of Man at the date of death of the deeased: Please note: if not indiated, the maximum fee will be harged Does not exeed 10,000 Exeeds 10,000 but not 50,000 Exeeds 50,000 but not 125,000 Exeeds 125,000 but not 250,000 Exeeds 250,000 but not 500,000 Exeeds 500,000 but not 1,000,000 Exeeds 1,000,000 (please state speifi value) SD No.2016/0108 Page 11

12 SCHEDULE Probate (Amendment) Rules 2016 Notes: (if required) Setion J Oath (* where indiated, please delete as appropriate) APPLICANT 1 I of. MAKE OATH and say that the partiulars set out in this appliation are true to the best of my knowledge (and that the paper writing(s)* hereto annexed and marked by me ontain(s)* the last Will (with Codiil(s)*) of the deeased (*delete as appropriate) I UNDERTAKE to ollet all the real and personal estate of the deeased and administer it aording to law and when required to do so by the Court (a) to exhibit on oath in the Court a full inventory of the estate; and (b) to render an aount of the administration of the estate to the Court. I onfirm that I am over the age of 18 years Signature of Appliant 1 Sworn at. Page 12 SD No.2016/0108

13 Probate (Amendment) Rules 2016 SCHEDULE this. day of.. Before me... Commissioner for Oaths APPLICANT 2 I. of.. MAKE OATH and say that the partiulars set out in this appliation are true to the best of my knowledge (and that the paper writing(s)* hereto annexed and marked by me ontain(s)* the last Will (with Codiil(s)*) of the deeased. (*delete as appropriate) I UNDERTAKE to ollet all the real and personal estate of the deeased and administer it aording to law and when required to do so by the Court (a) to exhibit on oath in the Court a full inventory of the estate; and (b) to render an aount of the administration of the estate to the Court. I onfirm that I am over the age of 18 years Signature of Appliant 2 Sworn at... this. day of... Before me... Commissioner for Oaths APPLICANT 3 I. of.. SD No.2016/0108 Page 13

14 SCHEDULE Probate (Amendment) Rules 2016 MAKE OATH and say that the partiulars set out in this appliation are true to the best of my knowledge (and that the paper writing(s)* hereto annexed and marked by me ontain(s)* the last Will (with Codiil(s)*) of the deeased. (*delete as appropriate) I UNDERTAKE to ollet all the real and personal estate of the deeased and administer it aording to law and when required to do so by the Court (a) to exhibit on oath in the Court a full inventory of the estate; and (b) to render an aount of the administration of the estate to the Court. I onfirm that I am over the age of 18 years Signature of Appliant 3 Sworn at.. this. day of Before me.. Commissioner for Oaths APPLICANT 4 I. of.. MAKE OATH and say that the partiulars set out in this appliation are true to the best of my knowledge (and that the paper writing(s)* hereto annexed and marked by me ontain(s)* the last Will (with Codiil(s)*) of the deeased. (*delete as appropriate) I UNDERTAKE to ollet all the real and personal estate of the deeased and administer it aording to law and when required to do so by the Court (a) to exhibit on oath in the Court a full inventory of the estate; and (b) to render an aount of the administration of the estate to the Court. I onfirm that I am over the age of 18 years Signature of Appliant 4 Sworn at this. day of. Page 14 SD No.2016/0108

15 Probate (Amendment) Rules 2016 SCHEDULE Before me.. Commissioner for Oaths APPLICANT CHECKLIST REMINDER DOCUMENTS REQUIRED When submitting the ompleted appliation form, please remember to inlude: For appliations where deeased died domiiled in the Isle of Man Appliation Form For appliations where Probate or Administration has been obtained outside the Isle of Man Court sealed/ertified opy Will* (see notes below) Original Will* (see notes below) Court sealed/ertified opy Codiil(s)* (see notes below) Original Codiil(s)* (see notes below) Court sealed/ertified opy Grant Original Death Certifiate* Original Death Certifiate* Original Power of Attorney Original Power of Attorney Original Renuniation Form Original Renuniation Form Will(s)/Codiil(s) in respet of estate elsewhere in the World Will(s)/Codiil(s) in respet of estate elsewhere in the World Affidavit of Law Other Affidavits Other Affidavits Any other douments (please desribe below) Probate Fee Probate Fee Remember to inlude the ost of any additional opies et. that may be required. SD No.2016/0108 Page 15

16 SCHEDULE Probate (Amendment) Rules 2016 *Please note: The Will (and eah Codiil) must be freshly marked (that is to say signed, with full signatures, in a lear spae on the front page of eah only (please note that to simply mark the doument with initials is not suffiient) by both the appliant(s) and the Commissioner for Oaths before whom the appliation was sworn or affirmed. Photoopies of previous markings for other jurisditions are not aeptable. *Please note: If the original Death Certifiate is not available, a ertified opy from the issuing Registry will be aepted. FOR USE BY ADMIN OFFICE ONLY Probate Fee paid Swearing of Oath fee paid (tik relevant boxes) Draft Appliation Fee paid To be harged to Aount Exhibit fee paid ADDITIONAL DOCUMENTS REQUIRED & PAID FOR Certified Grant Certified Will Certified Grant and Will Certified Grant/Will/Codiil(s) Exemplified Grant Exemplified Will Exemplified Grant and Will Other ) FOR USE BY PROBATE OFFICE ONLY - DOCUMENTS RECEIVED (tik relevant boxes) Appliation Form Court sealed/ertified opy Will Original Will Original Codiil(s) Death Certifiate Original Power of Attorney Court sealed/ertified opy Codiil(s) Court sealed/ertified opy Grant Will(s)/Codiil(s) in respet of estate elsewhere Affidavit of Law Page 16 SD No.2016/0108

17 Probate (Amendment) Rules 2016 SCHEDULE Original Renuniation Form Other Affidavits Any other douments (please desribe) One you are satisfied that you have ompleted all setions of the form that are appliable, please send this form and all supporting doumentation to: The Probate Offie Isle of Man Courts of Justie Deemsters Walk Buks Road Douglas Isle of Man IM1 3AR Web address: Tel: (01624) SD No.2016/0108 Page 17

18 Explanatory Note Probate (Amendment) Rules 2016 EXPLANATORY NOTE (This note is not part of the Rules) These Rules amend the Probate Rules 1988 by substituting a new form of appliation for a grant. Page 18 SD No.2016/0108