Swearing an oath for probate

This is a simple five-minute process which you can do in front of a local solicitor.

Until March 2012, personal applicants had to swear the oath at a probate registry. This is no longer the case. Although it is still an option to visit a probate registry, the oath can now be sworn in front a solicitor.

How to swear an oath for probate

Users of The Probate Wizard should print your pre-compiled probate application form (PA1) when you reach the downloads step, after payment.

1. On the first page of form PA1, in the “Interview venue” box, write “solicitor’s office”. Leave the “Dates to avoid” box blank.
2. Submit your complete application, including the PA1, IHT205 and any other documents, to your local probate registry. The Probate Wizard will guide you through this process.
3. The Probate Service will send the oath to the first named applicant on form PA1 (all applicants, if more than one, are required to swear the oath).
4. Make an appointment with a local solicitor of your choice. Probate solicitors are more likely to oblige as they are familiar with the process.
5. Bring with you the oath and the original will and codicils, if any. The “swear” should only take 5 minutes.
6. You will be asked to sign the oath and the will (if any) and make a formal declaration. This is a simple procedure. The solicitor should be familiar with the process, but you will also have received instructions from the Probate Service. If you are not religious, you do not have to swear on a holy book. Otherwise, you may wish to bring a copy of your holy book with you. 
7. There is a national, non-negotiable fee of £5 for the oath plus £2 for each extra document, such as a will. Pay this in cash at the solicitor’s office.
8. Once the documents have been sworn, submit them to the same place to which you submitted the application. All being well, you should receive the grant in a matter of weeks.

Alternatively, you can choose to attend your local probate registry. The Probate Wizard contains guidance about arranging this.

Why do I have to swear an oath?

A probate registry is part of The Probate Service, which is itself part of the High Court. So, swearing an oath is like giving evidence in court.

Swearing an oath has traditionally been seen as a safeguard against people who may attempt to fraudulently administer an estate. However, it is likely that the requirement to swear an oath will be removed in the next few years.

I have been asked to swear an oath by my probate solicitor

If you are not using The Probate Wizard and you have askde a solicitor to apply for the grant of representation on your behalf, you (the applicant) still have to swear an oath.

The “swear” (the swearing of the oath) cannot be witnessed by your solicitor or one of his or her colleagues, so you will need to visit another law firm.

The process and fees are the same as outlined above.

Once the oath has been sworn of affirmed, you should return the oath and will to your solicitor, who will submit them to a probate registry on your behalf.

Swearing an oath if there is no grant of representation

If the estate does not require a grant of representation, there will be no application to a probate registry and therefore you will not be required to swear an oath.