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 SEVENTH EDITION. 
 
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 THE PRACTITIONER'S 
 
 wKSBr 
 
 MANUAL 
 
 WATKRL0W& SONS LIMITED, LONDON TOJi.LONPON
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW
 
 THE PRACTITIONER'S 
 
 PROBATE MANUAL, 
 
 CONTAINING 
 
 INSTRUCTIONS AS TO PROCEDURE IN OBTAINING 
 GRANTS OF PROBATE AND ADMINISTRATION, 
 
 WITH THE 
 
 RULES, ORDERS AND FEES, 
 
 AND 
 
 FULL DIRECTIONS AS TO THE PAYMENT OF 
 PROBATE AND ESTATE DUTY. 
 
 SEVENTH EDITION. 
 
 LONDON : 
 
 WATERLOW & SONS LIMITED, 
 London Wall. 
 
 1897.
 
 WATEHLOW AND SONS LIMITED, 
 LONDON AND DUNSTABLE. 
 
 T 
 1397 '
 
 PRACTITIONER'S 
 PROBATE MANUAL. 
 
 7489=15
 
 Handbook to the Estate Duty, 
 
 CONTAINING 
 
 The Finance Acts, 189 If and 1896, 
 
 WITH A 
 
 LENGTHY COMMENT THEREON, 
 
 By ALFRED W. SOWARD 
 
 [Of the Legacy and Succession l)uty OJJice, Somerset House). 
 
 SECOND EDITION. IN CLOTH 5- NET.
 
 PEEFACE TO SEVENTH EDITION. 
 
 The demand for another edition of this work lias afforded 
 an opportunity to enlarge the same by adding a number of 
 forms and amplifying the information given according 
 to the most recent practice. 
 
 Speoial attention is called to the full directions given 
 as to the preparation of the Affidavit for Inland Revenue 
 and to the exhaustive particulars concerning the incidence 
 of the Estate Duty contained in Chapter 3. 
 
 The new .Rules relating to the sealing of English 
 Grants in Ireland through the Principal Registry in 
 London have been noted, as also is the recent practice 
 as to second or subsequent grants. Instructions for the 
 resealing of Colonial Grants have been added. 
 
 c. h. p.; 
 
 October, 1897.
 
 THE FINANCE ACT, 1894. 
 
 Waterlow & Sons Limited have prepared the 
 
 following Forms for use with the Inland Revenue 
 
 Affidavits issued under above Act. 
 
 No. 852. — Particulars of the Debts due and owing from the 
 
 Deceased, being Part 1 of Schedule 1. 
 852a. — Particulars of the money out on Mortgage, Bills, &c, 
 
 comprised in Account No. 1. 
 853. — Particulars of Peal Property of which the Deo B i d 
 
 was absolute owner, comprised in Account No. 5. 
 854. — Particulars of the Debts and Incumbrances on the 
 
 Real Property comprised in Account No. 5. 
 854a. — Particulars of Personal Estate passing on the death of 
 
 the Deceased included in Account No. 5. 
 855. — Particulars of Real Property which passed on the death 
 
 of Deceased under a disposition other than the Will 
 
 of Deceased, comprised in Account No. 5. 
 855a. — Particulars of Leasehold Property which passed on 
 
 the death of Deceased under a disposition other than 
 
 the Will of Deceased, comprised in Account No. 5. 
 856. — Particulars of Leasehold Property, comprised in 
 
 Account No. 1 . 
 856a. — Particulars of the Rents of Real and Leasehold 
 
 Property, comprised in the Accounts. 
 857. — Particulars of Stocks and Shares, comprised in Account 
 
 No. 1. 
 857a. — Particulars of " Other " property in respect of which 
 
 Estate Duty is paid on separate Accounts. 
 
 Price 2d. each, 2/6 per quire, 
 
 PLUS POSTAGE. 
 
 WATERLOW & SONS LIMITED, 
 
 London Wall, London.
 
 TABLE OF CONTENTS. 
 
 PAGE 
 
 Chapter 1. Probates ...... 1-10 
 
 2. Oath for Executors— Jurat . . . 11-20 
 
 „ 3. Affidavit for Inland Revenue — Probate Duty 
 — Estate Duty — Free Mark on Affidavit 
 —Engrossment of Will . . . 21-40 
 
 4. Procedure — Fees 41-45 
 
 „ 5. Administration (Will) .... 46 
 
 6. Oath for Administrator (Will) . . . 48-60 
 „ 7. Bond for Administration (Will) . . . 61-66 
 ,, 8. Administration ...... 67-74 
 
 „ 9. Oath for Administrator — Bond . . 75-85 
 
 „ 10. Wills of Married Women .... 86 
 
 „ 11. Double Probate 87-89 
 
 „ 12. Cessate Grants 90-93 
 
 ,, 13. Grants de bonis non ..... 94-97 
 „ 14. Exemplification — Renunciation — Noting 
 Domicile — Duplicate Grants — Resealing 
 Scotch, Irish and Colonial Grants . 100-110 
 ,, 15. Additional Security — Alteration in Grants — 
 
 Revocation — Caveats . . . 111-117 
 
 „ 16. Tables of Fees 118-123 
 
 „ 17. Precedents of Forms . . . . 124-139 
 „ 18. Rules and Orders — Precedents of Costs — 
 List of District Registries — Table of 
 Succession to Real and Personal Estate 140-182 
 Ikdex .......... 183
 
 WATERLOW & SONS LIMITED, 
 
 85 & 86, London Wall, E.C., 
 
 Direct special attention to their 
 
 LAW AGENCY DEPARTMENT 
 
 In which all matters referred to in the following pages are 
 attended to with the greatest care and promptitude.
 
 THE 
 
 PRACTITIONER'S PROBATE MANUAL. 
 
 CHAPTER 1. 
 
 PROBATES. 
 
 The practitioner on receiving a will (with or without a 
 codicil) for the purpose of proving the same should first 
 consider the following points : — 
 
 1. Its execution. 
 
 2. Alterations or interlineations. 
 8. Plight and condition. 
 
 4. Incorporation by reference. 
 
 5. Appointment of executors. 
 
 1.— EXECUTION. 
 
 The attestation clause to a will or codicil should show (a) 
 that it was signed by the testator, or by some other person 
 in his presence and by his direction ; and such signature 
 should be made or acknowledged by the testator in the 
 presence of two or more witnesses present at the same 
 time, and such witnesses should attest and subscribe the 
 will in the presence of the testator. Should the attestation 
 in the will be deficient in any of these points and there 
 be a codicil, and such codicil show that the requirements 
 of the Act have been complied with, and be on the same 
 
 («) Wills Act, 1837, s. «J. 
 
 B
 
 2 The Practitioner' 8 Probate Manual. 
 
 sheet of paper as the will, or on a Beparate sheet of paper 
 and the will referred to therein by date, no affidavit will be 
 required. If there be no such properly executed codicil, 
 an affidavit of due execution of the will will be required to 
 be made by one of the attesting witnesses to the will. 
 An affidavit made, in respect of the execution of a will, by 
 a witness who is also a> witness to a codicil to such will, 
 should speak as to the execution of such codicil even if it is 
 properly attested. (See "Affidavit of Due Execution," 
 p. 126.) 
 
 Will signed by direction of the Testator. — In this 
 case the attestation clause should show that the will was 
 read over to the testator and signed in his presence, and by 
 his direction, and that he acknowledged the signature made 
 for him in the presence of the witnesses. If this is not 
 shown in the attestation clause an affidavit of due execution 
 is required to be made. 
 
 Testator signs by his mark. — In this case the attes- 
 tation clause must show that the will was read over to the 
 testator, and that he perfectly understood and approved 
 of its contents. If the attestation clause does not show 
 this, an affidavit will be required, to be made by a witness 
 or failing him by some person competent to speak to the 
 fact, to show that the testator had knowledge of the 
 contents of the will. Where such affidavit is made by one 
 of the subscribing witnesses, he must make the affidavit of 
 due execution in the usual form, with the following clause 
 added : — " And I lastly make oath that previously to the 
 execution of the said will by the said testator the same 
 was read over to him by me this deponent (or by A. B. 
 in my presence), and the said testator at such time seemed 
 thoroughly to understand and approve of the contents 
 of his said will."
 
 The Practitioner* 8 Probate Manual. 3 
 
 Testator signs twice. — In this case it is necessary that 
 an affidavit by one of the attesting witnesses be made 
 explaining the circumstances of the double signature. If 
 there appear to have been two or more attempts by the 
 testator to sign, it sometimes becomes necessary to include in 
 the affidavit the usual clause as to reading over and 
 explanation. 
 
 Testator signs in the Attestation clause. — 
 When (as is frequently the case in home-made or litho- 
 graphed forms of wills) the testator signs in the attestation 
 clause, an affidavit by one of the subscribing witnesses is 
 required, to show that testator meant and intended such 
 signature as his final signature to his will. (See " Affidavit 
 of Due Execution," p. 126.) 
 
 Testator signs below the Witnesses. — When the 
 signature of testator appears below the signatures of the 
 witnesses, the supposition is that the testator signed after 
 the witnesses, and this fact would render the will invalid. 
 In order, therefore, to validate the will, an affidavit should 
 be made by at least one of the witnesses, showing that testator 
 signed first, and setting out fully the circumstances under 
 which his signature appears below the signatures of the 
 witnesses. If on affidavit of both witnesses being produced 
 it should appear that the requirements of the statute (a) 
 were not complied with, the Registrar will refuse probate. 
 (See " Probate Refused," p. 116.) 
 
 Affidavits by attesting Witnesses. — Ride 70 says 
 that : "In every case where an affidavit is made by a 
 subscribing witness to a will or codicil, such subscribing 
 witness shall depose as to the mode in which the said 
 will or codicil was executed and attested." 
 
 (a) 1 Vic. c. 26 Hint 16 Vic. C. 21. 
 
 B 2
 
 4 The Practitioner's Probate Manual. 
 
 Attesting Witnesses dead. — When both the sub- 
 scribing witnesses are dead, an affidavit should be made 
 by some person present at the execution, and such person 
 must depose to the death of the witnesses and to the facts 
 of the execution, adhering to the usual form of affidavit 
 of due execution as much as possible. In default of such 
 affidavit, an affidavit as to the handwriting of deceased 
 and of the attesting witnesses should be furnished and a 
 statement that the witnesses are dead and that, as far as 
 can be ascertained, no other person was present at the 
 execution should be embodied. The Registrar will not 
 refuse this affidavit if made by a person interested in the 
 will. (See also p. 1-JO, Rule 7.) 
 
 2.— ALTERATIONS OR INTERLINEATIONS. 
 
 When alterations, interlineations, or erasures appear in 
 a will and are not authenticated (1) by the initials 
 or signatures of testator and witnesses, in the margin, 
 or (2) by a full reference to such alterations, etc., in the 
 attestation clause, the ordinary affidavit as to execution 
 will be required, and at the foot thereof the following 
 clause should be added : — " And having particularly 
 observed the following alterations appearing in the said 
 will, namely (here recite alterations, giving the number 
 of the line and page of the will in which they appear), 
 I lastly make oath that such alterations as aforesaid were 
 made and written in the said will as the same now appear 
 previously to the execution thereof by the said testator." 
 If the alteration is in the date of the will the deponent 
 must in his affidavit indicate the circumstances which 
 enable him to fix the date. If such attesting witnesses 
 cannot make the required affidavit, an affidavit must be 
 made by some person who can depose as to the time when
 
 The Practitioner's Probate Manual. 5 
 
 such alterations were made, and if this evidence is n<>l 
 available an affidavit as to the facts must be filed. (For 
 "Affidavit as to alterations," see p. 125.) If such altera- 
 tions were made after the execution, and unattested, the 
 probate will issue as if such alterations had not been 
 made. In the latter case a copy of the will as it originally 
 stood will be required to be made for registrar's fiat, and 
 filed with the original will. (See " Fiat," p. 115, and 
 Rules 8-11.) 
 
 3.— PLIGHT AND CONDITION. 
 
 If, from the appearance of the will, it appears that 
 there may have been some document attached to it, 
 or that some portion of it may have been cut off, the 
 Registrar may call for an affidavit, to be made by the 
 executors, or some other competent person, stating that the 
 will was in the same plight and condition as when executed. 
 If the affidavit is made by one of the subscribing wit- 
 nesses, such witness will first depose to the execution 
 of the will in the usual form. (See affidavit of " Plight 
 and Condition," p. 131, and Rule 14.) 
 
 4.— INCORPORATION BY REFERENCE, etc. 
 
 When the testator by his will refers to any document 
 existing at the date of the will, as containing a disposition of 
 any part of his property, the opinion of the Registrar should 
 be taken as to whether or not such document is to be 
 incorporated with the original will and form part of the 
 probate. If the will or codicil refers in error to some other 
 testamentary disposition, e.g., a codicil referring to the 
 three previous codicils when in fact there were only two ; 
 an affidavit of search by the executors will be required.
 
 • '> The Practitioner's Probate Manual. 
 
 5.— APPOINTMENT OF EXECUTORS. 
 
 Particular care should be taken that the names of the 
 executors are correctly quoted in the will. Any dis- 
 crepancy that may appear should be cleared off in the 
 oath. For instance — if the correct name of an executor 
 be " Thompson," and his name appears in the will as 
 " Thomson," lie would be described in the oath as 
 " Thompson (in the will written ' Thomson ')." If, however, 
 the difference between the names is such as to suggest the 
 probability that a person other than the applicant is the 
 person intended by the testator, an affidavit of identity must 
 be prepared, and must show that it was testator's intention 
 to appoint the applicant, and that there was at the date 
 of the will no person answering in all particulars to the 
 name and description of the person appointed by the will. 
 This affidavit may be made by the writer of the will or by 
 some disinterested person competent to speak to the facts, 
 and the facts must be of such a character as to satisfy the 
 Registrar that the deponent is the person intended by testator 
 to act as executor. (For form see page 128.) 
 
 Executor according to the tenor. — When a testator 
 does not expressly name any executor, but by direction 
 to pay debts or otherwise charges a trustee or legatee with 
 the duties of an executor, such person may take a grant of 
 probate as "Executor according to the tenor of the will." 
 
 Executor resides abroad. — In this case a grant of 
 administration with the will annexed will be made to the 
 attorney of such executor appointed under a power 
 executed by him for that purpose ; but grant will not be 
 given to the attorney of an executor resident abroad if 
 another executor appointed by the will is in the United 
 Kingdom, unless such other executor renounce probate. (See 
 pages 100 and 137.)
 
 The Practitioner'' a Probate Manual. 7 
 
 Executor a Minor. — A grant in these cases may be 
 made to the guardian of the executor for his use and 
 benefit until he shall attain his majority. (See p. 59.) 
 
 GENERAL. 
 
 Draft of Will executed. — In this case it is necessary to 
 file a special affidavit setting out the circumstances under 
 which the draft was executed ; and an affidavit as to search 
 is also required. 
 
 Certificate of delay. — When a period of three years 
 has elapsed from testator's death to the time of application 
 for a first grant, a certificate under the hand of the 
 applicant is required, to be verified by the practitioner (or 
 such certificate may be made by the practitioner solely as 
 solicitor for the party applying for the grant), to show 
 why the grant has not been sooner applied for, and also to 
 show for what purpose the grant is required. In all cases 
 it is necessary to give particulars and value of the estate, and 
 where the property in respect of which the grant is required 
 is a reversion which has fallen into possession, the dates of 
 death of testators and of life tenants should be given. (See 
 " Affidavit or Certificate of Delay," p. 132.) 
 
 Seven clear days must elapse from the date of death 
 before a grant of probate may be made. 
 
 Will bears no date. — In this case an affidavit by 
 at least one of the subscribing witnesses speaking as to 
 execution and particularly as to the date of execution is 
 required, and to identify the will in the affidavit, it may 
 be referred to as beginning thus " ," ending thus 
 
 ." The deponent should in the affidavit give his 
 reason for remembering the date of the execution. But if 
 neither of the witnesses remember the date of the execution,
 
 8 The Practitioner's Probate Manual. 
 
 thon the required affidavit may be made by any other 
 person who may have been present at such execution. 
 The usual affidavit of search for any other will may also 
 be required. (See "Affidavit of Search," p. 132.) 
 
 Where the Will bears more than one date, 
 the date last given in the will is taken as the date of the 
 will, and no affidavit is necessary to substantiate it. 
 
 Scotch Will. — If the will has been confirmed by a 
 Commissary Court, a certified copy showing such confirma- 
 tion will be accepted without proof of validity. If the will 
 has been merely deposited and not confirmed a certified copy 
 will be accepted on filing an affidavit, by a Writer to the 
 Signet or by an Advocate, that the will is valid according to 
 Scotch law and that the copy would be accepted in a Scotch 
 Court, (The form is given on page 129.) The grant is not 
 limited until the original is produced. 
 
 Will in the Welsh language must be translated by a 
 competent person, either a clergyman or a solicitor (not the 
 extracting solicitor), and an affidavit by the translator verify- 
 ing such translation and stating his qualification must be 
 filed. The original will must be marked by the person 
 applying for the grant. 
 
 Isle of Man Witt.— An. authenticated copy under the 
 Seal of the Manx Court including a copy of the Act of 
 Probate is accepted. An affidavit of domicil or of British 
 status is not required. 
 
 Will of British subject dying domiciled abroad. — 
 By virtue of The Wills Act, 1861 (24 & 2o Vict., cap. 114), 
 if the will is made out of the United Kingdom, it will be 
 admitted to probate if it can be shown that such will was 
 made in accordance with (1) the law of the place where the 
 same was made, or (2) the law of the place where such j)erson
 
 The Practitioner's Probate Manual. 9 
 
 was domiciled when the same was made, or (-3) the laws then 
 in force in that part of Her Majesty's dominions where he 
 had his domicil of origin. 
 
 If the will was made in the United Kingdom it is valid if 
 the same be executed according to the law of that part of 
 the United Kingdom where the same was made. 
 
 In every case an affidavit as to British status is required 
 except where the deceased died domiciled in any of the 
 Colonies brought within the Colonial Probates Act, 1892, by 
 Order in Council. (See page 105.) The affidavit of validity 
 may also be required. The forms of affidavit will be found 
 on pages 129 and 131. 
 
 The following are the words of the statute : — 
 
 Section 1. Every will and other testamentary instrument made out of 
 the United Kingdom hy a British subject (whatever may be the domicile 
 of such person at the time of making the same or at the time of his oi- 
 lier death) shall as regards personal estate be held to be well executed 
 for the purpose of being admitted in England and Ireland to probate, 
 and in Scotland to confirmation, if the same be made according to the 
 forms required either hy the law of the place where the same was made, 
 or by the law of the place where such person was domiciled when the 
 same was made, or by the laws then in force in that part of Her 
 Majesty's dominions where he had his domicile of origin. 
 
 Section 2. Every will and other testamentary instrument made 
 within the United Kingdom by any British subject (whatever may be 
 the domicile of such person at the time of making the same, or 
 at the time of his or her death) shall as regards personal estate be held 
 to be well executed and shall be admitted in England and Ireland to 
 probate, and in Scotland to confirmation, if the same be executed 
 according to the forms required by the laws for the time being in force 
 in that part of the United Kingdom where the same is made. 
 
 Foreign Will. — On application in England for probate 
 to a foreign will, if a verified copy of such will and of the 
 grant of probate by a foreign Court is produced, the Regis- 
 trar will not require an affidavit that the will is valid accord- 
 ing to the law of the country of which the deceased was a
 
 10 The 'Practitioner'' $ Probate Manual. 
 
 subject. If the copy is not accompanied by a copy of the 
 Act of Probate or the foreign equivalent thereto an affidavit 
 as to the validity of the will must be filed. This affidavit 
 must be made by an advocate or other duly qualified legal 
 person having a status in the foreign country equal to the 
 English barrister-at-law, and who is conversant with the laws 
 of the country of which the deceased was a subject. (The 
 form is given on page 129.) If the documents are in a foreign 
 language a translation of same duly certified by a notary 
 public must be annexed to them. The foreign copy, not 
 the translation, must be marked by the deponent and the 
 commissioner. The above rules apply to the will of an 
 English person who had become naturalized in a foreign 
 country notwithstanding the will may be in English form 
 and duly attested. 
 
 The oath and affidavit to lead a grant of probate 
 will be explained in the following chapters. 
 
 It should be noted that the Registrars do not settle draft 
 papers except in complicated cases, and then only when the 
 applicant resides abroad or the application is for a second 
 grant.
 
 The Practitioner's Probate Manual. 11 
 
 CHAPTER 2. 
 
 OATH FOR, EXECUTORS. 
 
 As the oath for executors is practically the groundwork 
 for a grant of probate, it cannot be too carefully prepared. 
 In order to clear up the different points arising in it, and 
 to make its preparation as simple as possible, the oath 
 is given at length and the blanks will be explained 
 numerically. 
 
 [Oath — For an Executor.] 
 
 |n tljc ||igf} (To tut of $tist't«. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the Goods of deceased. 
 
 I (or we) (*) 
 make oath and say that believe the paper writing hereto annexed and 
 
 marked by (a)to contain the true and original last Will and Testament 
 
 (') of(') of («) deceased; 
 
 who died ( 6 ) on the day of ,18 , at that (") 
 
 and that lam ( 7 ) Execut in the said will named, and that 
 
 will well and faithfully administer the personal estate and effects of the said 
 Testat by paying h just debts and the legacies contained in h Will [and 
 
 two codicils], so far as the same shall thereto extend and the law bind 
 and that will exhibit a true and perfect inventory of all and singular 
 
 the snid Estate and effects, and render a just and true account thereof whenever 
 required by law so to do ; and that the gross personal estate and effects of the said 
 Testat is of the value of (") and no more, to the best of 
 
 knowledge, information and belief. 
 
 (The deponents should sign as near to the foot 
 of the oath as possible, in order to leave room for 
 fresh jurat here, should it be necessary to have 
 the oath resworn.) 
 
 Sworn by 
 
 
 at 
 
 
 on the 
 
 day 
 
 of 
 
 18 . 
 
 Before me, 
 
 A Commissioner for oaths, 
 (a) See marking exhibits, p. 10.
 
 12 The Practitioner's Probate Manna/. 
 
 1 . Name and description, etc. — Here insert names, 
 residences and occupations of the executors, taking chit 
 thai the name, address and description agree with that given 
 in the will. (See Chapter 1, p. 6.) Should the executor 
 have changed his address or occupation since the date of the 
 will, his postal address and occupation at the time of making 
 the oath should also be given. 
 
 A Clerk in Holy Orders is described as " The 
 Reverend of , Clerk." The description 
 
 " Vicar of " or " Rector of " cannot 
 
 be considered as the residence of an executor, but his true 
 place of abode must be first given, and the description 
 referred to will follow the word " Clerk." 
 
 Executor described as " the younger." — Where an 
 executor, being the son of the deceased, is described in the 
 appointment as " the younger," such description need not 
 appear in the oath ; but where an executor, not being the 
 son of the deceased, is described in the will as " the 
 younger," he must be described as such in the oath, or as 
 " heretofore the younger," as the case may be. Otherwise 
 an affidavit of identity will be required. 
 
 A Dissenting Minister may be described in the oath 
 as " The Reverend of , Wesleyan 
 
 Minister," or as the case may be. 
 
 Where the executors are " Bankers' Clerks," 
 " Merchants' Clerks," " Solicitors' Clerks," etc., they must 
 be so described. 
 
 A Mariner or Seaman should be described as 
 " Master Mariner," or " Mariner in the Merchant Service," 
 or as the case may be.
 
 The Practitioner's Probate Manual. 13 
 
 An Executrix can only be described as " Spinster," 
 " Widow," or " Wife of (here give name of 
 
 husband)." If the applicant is the widow of deceased, 
 she will be described as " of , 
 
 widow, the relict of the deceased hereafter named." 
 
 Deponents affirm. — Where Executors object to take 
 an oath the words in italics " make oath and say " must be 
 struck through, and the following clause inserted, " do 
 solemnly, sincerely and truly, declare and affirm." 
 
 2. Insert here " with a codicil thereto," or as the case 
 may be ; the number of the codicils, if more than one, should 
 be given. If the Executor is sworn on a certified copy the 
 oath should read " to contain the true last will, &c." 
 
 As to marking the will, see p. 40. 
 
 3. Name of deceased. — The full Christian name and 
 surname of the deceased should be inserted here. 
 
 As a general rule the Registrars adopt the signature 
 of a testator as his name, although it differ from the 
 name as written in the heading of the will. In 
 case of a variance between the name of the testator 
 in the heading of the will and the name as signed 
 at the foot or end of it, and in case the former is the 
 more correct, the testator should be described by the name 
 he signs, the word "otherwise,", followed by the name 
 given him in the will, being added. If the testator's 
 name is wrongly spelt in the will, and he sign his will 
 by his initials or by a mark, he should be described in 
 the probate by his correct name, the word " otherwise," 
 followed by the name written in the will, being added. 
 If the testator is described in the will as the " elder," but 
 does not so subscribe himself, such description is not to be 
 inserted in the probate. If the testator is described in the 
 will as the " younger," but does not so subscribe himself,
 
 14 The Practitioner' 8 Probate Manual. 
 
 he should, notwithstanding, be described in the probate as 
 the " younger," or " heretofore the younger," as the case 
 may be. It' an alias is required to be set up an affidavit as 
 to the necessity of same must be given. The affidavit must 
 state fully the reasons for the alias, such as the existence of 
 deeds in both names or as the case may be. 
 
 4. Residence of testator. — If testator's place of residence 
 at the date of death does not correspond with that given 
 in the will both addresses should be inserted thus " 
 
 of formerly of 
 
 The occupation of deceased will follow the residence. 
 A mariner or seaman should be described as "master 
 
 mariner," or " mariner in the merchant service," or as the 
 
 case may be. 
 
 A Testatrix will be described as "spinster," "widow," 
 or " wife of 
 
 5. Date and place of death. — The date and place of 
 death should here be shown. If by reason of deceased 
 being lost at sea, or for some other reason the fact of 
 the death cannot be sworn to, application must be made on 
 motion to the Court for leave to presume the death to have 
 taken place on or since some fixed period. An office copy 
 of the order of Court must be filed with the other papers 
 when the application for grant is made and a fee of 2s. 6d. 
 paid in respect thereof, (a) The form of words should follow 
 
 («) As the expense of moving the Court for a grant of probate or ad- 
 ministration in cases of presumed death, when the property for which a 
 representation is required is of small amount, is felt to be excessive, it has 
 recently, with a desire to reduce expense to the parties in these cases, been 
 directed that when the property to be claimed by the executor or administrator 
 by means of the grant does not exceed £100, the motion in Court for the 
 grunt shall in future be dispensed with, and the application for the same 
 shall be made to the Registrars of the Principal Probate Registry, who will 
 require such advertisements to be published, and call for such evidence as 
 they may consider necessary, and order the grant to issue or take the 
 directions thereon of one of the Judges of the Court in Chambers.
 
 The Practitioner's Probate Manual. 15 
 
 the Order, thus : — " who died on or since the day of 
 
 ,18 , as appears by an Order of this Division of the High 
 Court of Justice, made the day of , 18 , at some 
 
 place unknown." A Declaration of the Personal Estate is 
 also required (p. 133) and in the case of Administration the 
 sureties must justify (p. 130). The place of death must be 
 given as " who died on the day of 18 , at sea, 
 
 on board the British steamship ." If deceased had 
 
 disappeared and the exact date of death cannot be given, the 
 oath should read " was last seen alive on the day of 
 
 18 , and was found dead on the day of 
 
 18 , at 
 
 If the application is made in the District Registry the 
 fixed place of abode and the name of the district should be 
 added after the date and place of death. (See " List of 
 Registries," p. 176.) 
 
 G. Relationship of Executors to deceased. — In 
 addition to the ordinary description of executors, if they 
 bear any relationship to the deceased, such relationship, if 
 given in any part of the will, should be inserted here 
 thus : — " That I am the [son or daughter or niece, or as the 
 case map be'] of the said deceased." Occasionally it becomes 
 necessary to be even more particular in the description ; 
 as, for instance, when a testator appoints " my nephew 
 , son of my late brother ," or 
 
 " my brother-in-law," or " my wife's sister." In every case 
 the description should correspond with that given in the will. 
 
 (a.) Executor a Minor. — If an executor is shown 
 by the will (in any part of it) to have been a minor when 
 the will was made, and the will bears date within 21 
 years of the application for Probate, the following clause 
 should here be inserted : " That I, the said (name of minor), 
 attained the age of 21 years on the day of 
 
 , 18 ."
 
 K » The Practitioner' & Probate Manual. 
 
 (h.) Wife executrix — but not appointed by name. 
 — Where deceased appoints his wife an executrix, but 
 does not mention her by name in the will, the following 
 clause should here be inserted : " That I, the said (name 
 of relict), was the lawful wife of the said deceased at the 
 date of his said will — to wit, on the day of 
 
 , 18 ." 
 
 7. The style of the executors (of which the following 
 are some examples) is to be inserted here : — 
 
 One male executor. . . .The sole executor. 
 
 All males . . . . . .The executors. 
 
 (a) One of the executors being 
 
 dead the other proves . . The surviving executor. 
 (i) Power reserved to one and 
 
 the other proves . . . .One of the executors. 
 
 U) One or more of the executors 
 
 renounce the other proves One of the executors. 
 A female . . . . . .The sole executrix. 
 
 All females . . . . . .The executrixes. 
 
 Partly male and partly female 
 
 executors . . . , . .The executors. 
 
 For executor according to 
 
 the tenor . . . . . .See Chapter 1, page G. 
 
 The relict of the deceased 
 executrix for life or widow- 
 hood . . . . . . The executrix for life 
 
 (if I remain a widow)- 
 Executor as to part of the 
 
 estate . . . . . .That I am the sole 
 
 executor in respect of 
 all the personal estate 
 of the said deceased 
 except personal estate 
 in the Colony of
 
 The Practitioner* s Probate Manual. 17 
 
 (a.) Deceased executor. — If one of the executors is 
 dead at the time application is made for the grant, it should 
 be stated in the margin of the oath whether he died in the 
 lifetime of the testator or survived him and is since dead. 
 
 (b.) When power reserved. — When application for 
 probate is not made by all the executors, and the non- 
 proving executor has not renounced, power must be reserved 
 to him to take a similar grant, and a note to that effect 
 should be inserted in the margin, thus : — " Power to be 
 reserved to A. B. and C. D. (relationship as in the will, 
 and in the case of females the status as ' widow,' ' spinster,' 
 ' wife of ' to be added) , the other 
 
 executors." Such non-proving executor can come in at 
 any future time and take out a grant of double probate 
 (see " Double Probate," Chapter 11) or may subse- 
 quently renounce. (See page 100.) If one of the executors 
 is a minor at the time of application for a grant of probate, 
 power is to be reserved to him to come in and prove on 
 attaining his majority (by taking out a grant of double 
 probate), and a marginal note should be made in the oath 
 as follows : " Power to be reserved to A.B. (relationship 
 to deceased if any) a minor, the other executor named in 
 the will, when he shall attain the age of 21 3 r ears." A 
 copy of the account, No. 1, must be filed with the papers. 
 
 (c.) Where one of the executors renounces t 
 a statement to that effect should be inserted in the margin 
 in this form : " A.B., the other executor named in the 
 said will, has renounced." (See " Form of Renunciation 
 of Probate," p. 187.) 
 
 8. Here insert in figures the actual gross amount of the 
 
 Personal Estate in England corresponding to the amount 
 
 shown as the total of the Account No. 1 in the affidavit for 
 
 Inland Revenue. Care must be taken to insert this amount 
 
 C
 
 18 The Practitioner's Probate Manual. 
 
 specially in cases under the Finance Act, 1894, where Real 
 Estate is included in the affidavit. The amount of the Real 
 Estate must not of course be inserted in the oath, as the 
 Court of Probate has jurisdiction over Personal Estate only. 
 The grant cannot be limited to the amount of the Personal 
 Estate, which is dealt with by the will, but extends to all 
 the Personal Estate situate in England of which deceased 
 died possessed. If deceased died possessed of Personal 
 Estate in Scotland the oath will take the form indicated 
 on p. 134. 
 
 The Solicitor extracting the grant should mark 
 at the head of the oath " Extracted by A.B., solicitor 
 of 
 
 The oath, being now supposed to be in proper form and 
 correct in every particular, should be read over by or to 
 the applicant, who will then sign it (usual signature suffi- 
 cient) ; and particular care should here be taken that the 
 signature agrees with the name. 
 
 Deponent a Marksman. — Where the deponent makes 
 his mark, such mark must be made in the presence of the 
 Commissioner who administers the oath. (See also page 19.) 
 
 Alterations in oath. — Care should be taken that the 
 Commissioner initials all alterations, and where two altera- 
 tions occur in the same line the Commissioner will initial 
 each alteration. 
 
 If an alteration is made by erasure, and upon such erasure 
 words or figures are written, the Commissioner must write 
 such words or figures in the margin and initial same. 
 
 If the oath is returned by the Registrar for additions or 
 amendments, and it becomes necessary to prepare a fresh 
 form, the form which had been previously examined must be 
 returned to the Registrar for comparison.
 
 The Practitioner's Probate Manual. 19 
 
 JURAT. 
 
 The following Rules will be ample explanation of the 
 mode of filling up the jurat. 
 
 " In every affidavit made by two or more deponents, 
 the names of the several persons making the affidavit shall 
 be inserted in the jurat, except that, if the affidavits of all 
 the deponents is taken at one time by the same officer, it 
 shall be sufficient to state that it was sworn by both (or 
 all) of the above-named deponents." 
 
 " No affidavit, having in the jurat or body thereof 
 any interlineation, alteration or erasure, shall be filed or 
 made use of, unless the interlineation or alteration other 
 than by erasure, is authenticated by the initials of the 
 officer taking the affidavit, nor in the case of an erasure, 
 unless the words or figures appearing at the time of taking 
 the affidavit to be written on the erasure, are re-written 
 and signed or initialed in the margin of the affidavit by 
 the officer taking it." 
 
 It may be added, however, that where there is only one 
 deponent, it is sufficient to say " sworn at, etc., etc." 
 Unless the place where the oath is taken has been men- 
 tioned before in the oath, the county in which the place is 
 situate should be shown in the jurat. 
 
 The word " affirmed " will be substituted for " sworn," 
 if the deponent affirms. 
 
 Deponent a marksman, or blind, or illiterate. — 
 If deponent is a marksman, or is blind, or illiterate, the 
 following must be inserted in the jurat, before the words 
 " before me," — " this affidavit having been first read over 
 to the said A.B., who seemed perfectly to understand the 
 same, and made his mark thereto in my presence." 
 
 C2
 
 20 The Practitioner's Probate Manual. 
 
 The practice, which obtains in the other Divisions of the 
 High Court, of a third person witnessing the mark of an 
 illiterate person and being sworn thereto does not apply to 
 the Probate Division. 
 
 II7/t> may administer oaths — in England. — (1) The 
 Principal Registrars ; (2) District Registrars ; (3) Surro- 
 gates at the commencement of the Court of Probate Act, 
 1857 ; (4) Commissioners for Oaths ; (5) persons specially 
 appointed to administer oaths in the registries. 
 
 The oath must not be administered by the Extracting 
 Solicitor. 
 
 In Scotland and Ireland and the Colonies the oath may be 
 sworn before any Judge, Notary Public or other person 
 lawfully appointed to administer oaths. 
 
 Oaths sworn in foreign parts should be taken before a 
 Notary or a British Consular Agent. 
 
 By the Customs and Inland Revenue Act, 1881, and the 
 Finance Act, 1894, certain Inland Revenue officers are 
 appointed to administer oaths in cases which pass through 
 them to the Court.
 
 The Practitioner'' a Prohatr Manual. 21 
 
 CHAPTER 3. 
 
 AFFIDAVITS FOR COMMISSIONERS OF INLAND 
 REVENUE. 
 
 The duty payable on an application for Grant of Probate or 
 Administration in respect of the personal Estate of a person 
 dying on or before the 1st August, 1894, is Probate Duty 
 and is chargeable, by virtue of the Customs and Inland 
 Revenue, 1881, upon the Personal Estate passing under the 
 deceased's will or intestacy. 
 
 The duty payable if the deceased died after the 1st day 
 of August, 1894, is Estate Duty under the Finance Acts, 
 1894 and 1896, and is charged upon all property, real and 
 personal, which passes either constructively or actually upon 
 the death of the deceased and whether under his will or 
 intestacy or any other title. 
 
 CUSTOMS AND INLAND REVENUE ACT, 1881. 
 (44 Vic, Cap. 12.) 
 
 The forms provided for the payment of Probate Duty 
 under this Act are as follows : — 
 
 Form A. — For use where the deceased died on or before 
 the 1st day of August, 1894, in all cases except those for 
 which form B. is applicable. 
 
 This form is also used for second and subsequent grants 
 where the deceased died on or before the 1st August, 1894. 
 
 Form B. — For use where deceased died on or before the 
 1st day of August, 1894, where the whole personal estate 
 wherever situate, and without deducting debts (including 
 mortgage debts on specific property created by the deceased) 
 and funeral expenses, does not exceed £100, so that no stamp
 
 22 The Pr petitioner's Probate Manual 
 
 duty is payable, or when such estate does not exceed £300, 
 and the fixed duty of £1 10s. is payable under Section 33 of 
 the Act, The court fee is 15s. only. 
 
 Form E. — For payment of Temporary Estate Duty 
 under the Customs and Inland Revenue Act of 1889. 
 
 In filling up these forms it should be noted that the 
 duty is charged upon the value of the estate at the date of 
 the affidavit and that all income on the property due at the 
 date of death and accrued to the date of the affidavit should 
 be brought into the account. The debts to be deducted in 
 form "A" must not be voluntary debts expressed to be payable 
 on the death of the deceased or payable under any instru- 
 ment not delivered to the donee thereof three months 
 before the death of the deceased ; nor debts primarily 
 payable out of Real Estate, except in cases where the devisee 
 and the residuary legatee are one and the same person, in 
 which case he may elect to deduct the debt against the 
 Personal Estate. Where the deceased died domiciled abroad 
 a deduction of debts is not allowed except where such debts 
 are specifically charged against or recoverable out of any 
 property included in the affidavit. The funeral expenses 
 must not include the cost of mourning or tombstone or the 
 cost of transferring the body to any distant place of 
 interment. 
 
 The rates of duty are as follows : — 
 Above £100 and not above £500... £1 for every full sum of 
 
 £50 or part of £50. 
 „ £500 „ „ £1,000...£1 5s. for every full sum 
 
 of £50 or part of £50. 
 
 „ £1,000 £3 for every full sum 
 
 of £100 or part of £100. 
 
 If the estate is over £10,000 the Temporary Estate Duty, 
 being an additional duty of £1 for every full sum of £100 
 or part of £100, is chargeable thereon. (Form E above.)
 
 The Practitioner's Probate Manual. 23 
 
 FINANCE ACTS, 1894 & 1896. 
 
 (57 & 58 Vic, Cap. 30 ; 59 & 60 Vic, Cap. 28.) 
 
 The forms for the payment of Estate Duty are as 
 follows : — 
 
 Form A-l. — For use in cases where the property passing 
 on the death of a person dying after the 1st day of August, 
 1894, consists of (1) Real and Personal Estate of the deceased 
 to which he was absolutely entitled ; (2) property in which 
 deceased or any other person had an interest which ceased 
 on the death of the deceased and upon which Estate 
 Duty is payable ; (3) property which, under the terms of 
 the Act, is deemed to pass on the death of the deceased. 
 This form must not be used for cases under Section 16 (1) of 
 the Act of 1894. (See form B-l.) 
 
 Form A-4. — For use in cases where the only property 
 passing on the death of the deceased and chargeable with 
 Estate Duty is the deceased's own personal property situate in 
 the United Kingdom ; except where form B-l is applicable. 
 If by the deceased's death any other property, under 
 any title whatever, became chargeable with Estate Duty this 
 form should not be used. 
 
 Form B-l. — For use in cases where application for grani 
 is made imder section 16 (1) of the Act. This section applies 
 in cases where the whole of the estate, real and personal, in 
 respect of which Estate Duty is payable on the death of 
 the deceased, exclusive of property settled otherwise than by the 
 will of the deceased, does not exceed the gross value of £500, 
 no deduction being taken for debts (including mortgage 
 debts on specific property created by the deceased) and 
 funeral expenses. Inter vivos gifts, donationes mortis causa, 
 Nomination Policies effected by the deceased, and property 
 of which the deceased and any other person were joint
 
 24 The Practitioner's Probate Manual. 
 
 tenants, are not considered "settled property," and their 
 value and the value of any other property chargeable with 
 Estate Duty not strictly within the definition given in 
 Section 22 (1 h. 8f i.) of the Finance Act, 1894, must be 
 considered in calculating the amount of the estate. 
 
 Moveable property situate abroad must be considered in 
 fixing the limit of £500 unless the deceased died domiciled 
 abroad. 
 
 By the operation of Section 17 of the Finance Act, 1896, 
 where the Estate is of the net value of over £100 but not 
 exceeding £200 the duty payable is £1. In order to obtain 
 the benefit of the Section form A-l or A-± must be used. 
 
 Form A-5. — For use in every case where an application 
 is made for a second or subsequent grant in respect of 
 property which came within the operation of the previous 
 grant. The unadministered assets only should be included 
 giving the value for same as at the date of the affidavit. 
 
 For particulars as to the " free mark," which must be 
 obtained in every case, see p. 38. 
 
 For cceterorum and other grants in respect of estates not 
 the subject of the previous grant the appropriate form of 
 affidavit, as for an original grant, must be used and the 
 value of the assets stated as at the date of death. 
 
 Charge of Duty. 
 
 Every item of property of whatever value which is charge- 
 able with duty must be taken into account and included in 
 the assets. 
 
 The value of the property upon which Estate Duty is 
 payable is the value at the date of death of the deceased, 
 and the income of the assets up to such date should be 
 brought into account. The particulars required in the affidavit
 
 The Practitioner's Probate Manual. 25 
 
 are indicated in the various paragraphs and special attention 
 should be given same. 
 
 If any part of the Personal Estate is situate in Scotland 
 or Ireland the separate values should be given in paragraph 4 
 of the affidavit in order that the domicile may be noted 
 on the grant for resealing in Scotland ; or that the certificate 
 of payment may subsequently be obtained for the purpose 
 of resealing in Ireland. (See also page 102.) 
 
 If the deceased died domiciled out of the United Kingdom 
 it is not necessary to give particulars of the property of the 
 deceased situate abroad. 
 
 With reference to paragraph 13 it is necessary to give 
 particulars of all other property passing by the death of 
 the deceased, which is chargeable with Estate Duty, such as 
 the deceased's own free Real Estate, gifts inter vivos, real and 
 leasehold property of which deceased was tenant for life 
 Nomination Policies, donations mortis causa, annuities pro- 
 vided by the deceased other than by his will, etc. Aggregable 
 and non-aggregable property passing on the death of the 
 deceased and liable to Estate Duty should be distinguished. 
 In respect of any of this " other property " which is liable to 
 aggregation the duty thereon may be paid upon the affidavit, 
 or may be paid upon a separate account. If not paid upon 
 the affidavit paragraph 14 should be struck out ; and, for the 
 purpose of fixing the rate of duty particulars and values of 
 the aggregable estate should not be included in accounts 
 Nos. 4 and 5 but should be shown by a schedule annexed to 
 the affidavit. This schedule should give short particulars of 
 the disposition under which the property passes and should 
 show the relationship of the beneficiaries to the tenant for life. 
 If deceased had a share only of any item brought into the 
 affidavit it is necessary to show how he became possessed of 
 such share, i.e., by will or purchase (giving full particulars),
 
 26 The Practitioner 9 8 Probate Manual. 
 
 and il should be stated whether he had any and if so what 
 interest in the remaining share. 
 
 The Schedules annexed to the affidavit should be of the 
 same size as a page of the official form and should be signed 
 by the deponents. It is not necessary to have same marked 
 as exhibits by the Commissioner. 
 
 The values of the various items included in the affidavit 
 are not critically examined at the time the grant is taken. 
 This examination is made by the officials of the Legacy 
 Duty Office to whom the affidavit is forwarded after the 
 grant has passed the seal. A cojry of the affidavit cannot 
 be obtaiued from the Controller of Legacy Duties except 
 upon the written consent of the person who rendered such 
 affidavit or of his legal personal representative. 
 
 The various accounts annexed to the affidavit will be 
 explained in their order. It may be convenient to state with 
 regard to the important question of aggregation that if the 
 estate passing on the death of the deceased (exclusive of 
 property settled otherwise than by the will of the deceased) 
 does not exceed the net value of £1,000 such property is 
 not to be aggregated with any other property but forms 
 an estate by itself. 
 
 Account No. 1. — In this account must be included all the 
 free Personal Estate of the deceased. 
 
 The various items to be included are set out in the official 
 form but all personal property of which deceased died 
 possessed which may not be indicated in the account should 
 be brought in. For example : Property on board of ships 
 represented by Bills of Lading in this country, property in 
 transitu to the United Kingdom at the date of death, property 
 on the high seas, patents, copyrights, etc. Peal Estate agreed 
 to be sold by the deceased in his lifetime or to purchase 
 which the deceased gave any option to a Lessee, (which option
 
 Tin 1 Practitioner's Probate Manual. 27 
 
 has been taken), must be brought into account. The Personal 
 Estate of the deceased situated abroad should not be included 
 in Account No. 1. The principal values of the various items 
 must be brought into account and the basis upon which Bueh 
 principal value has been calculated should be shown. If any 
 asset has been valued for the purposes of duty the original 
 valuation must be filed and will not be given out again unless 
 stamped, in which case a copy will be required. 
 
 Particulars of the mortgage, book and other debts, and of 
 the interest thereon due at the death, and an apportionment 
 of such income io date of death, should be supplied by 
 schedules annexed to the account. If the nominal value of 
 any debt due to the estate is not brought into account an 
 explanation should be furnished and the parties should 
 add an undertaking to account for the balance if subse- 
 quently received. 
 
 Published quotations, or brokers' certificates, or letters 
 from secretaries of companies should be supplied as evidence 
 of the value at the date of death of stocks and shares included 
 in the account which are not quoted on the London Stock 
 Exchange List. If the securities are quoted in the London 
 List it is not necessary to supply any evidence of value. 
 
 The value of the stocks and shares quoted in a Stock 
 Exchange List is arrived at by taking the average price of 
 the actual business done on the day. If no business has been 
 done the price accepted by the Commissioners is the price 
 between the lower quotation and the medium of the two 
 prices quoted. For example : If the stock is quoted 148 — 152 
 the value for Estate Duty is 149 the medium between 148 
 and 150. The forthcoming dividends on the shares are not 
 to be included unless the stock is quoted ex div. 
 
 If the deceased died on a Sunday or on any day when the 
 Stock Exchange was closed the price must be taken from the 
 list of the day preceding.
 
 28 The Practitioner's Probate Manual. 
 
 Foreign Bonds, etc., payable to bearer or transferable in 
 the United Kingdom should be included in this account. 
 
 Full particulars of the leasehold property included in the 
 account, such as the term of the lease, the ground-rent, names 
 of tenants, separate rentals, annual deductions, etc., must be 
 given. The rules regarding allowances and the valuation of 
 leasehold property are the same as those relating to Real Estate, 
 as to which see infra. Any mortgage due from the deceased 
 for which the leasehold property is the sole security may be 
 deducted from the principal value. The principal value of 
 the property upon which duty is payable is the full market- 
 able value thereof, and a statement that such value is given 
 should be added to the particulars. 
 
 The value of all interests in expectancy of which deceased 
 died possessed should be included whether the duty on such 
 interests is paid on the death of the deceased, or is deferred 
 by virtue of Section 7 of the Finance Act, 1894, or is not 
 payable on such interest. If Estate Duty is payable on the 
 death of the deceased, on the corpus of the fund out of which 
 such interest springs, duty is not also payable on the value 
 of the interest in expectancy ; but the value of such interest 
 must be considered in the aggregation of the estate passing 
 on the death of the deceased for determining the rate of duty. 
 If the corpus of the fund already forms part of the aggregated 
 estate, the value of the interest must be deducted from the 
 summary for the purpose of determining the rate and amount 
 of duty. 
 
 Examples of Interests in Expectancy are as follows : — 
 (a) Interest expectant in property of which a person 
 living at the date of death of the deceased was 
 tenant for life. 
 
 The value of the interest is aggregable with 
 deceased's own estate and the duty may be 
 paid on the affidavit or may be deferred.
 
 The Practitioner's Probate Manual. 29 
 
 (b) Interest expectant in property of which deceased 
 was tenant for life under a disposition not made 
 by the deceased and the income of which property 
 passes for life to some person other than the wife 
 or husband or lineal issue or lineal ancestor of 
 deceased. 
 
 The corpus of the property is chargeable with 
 Estate Duty on deceased's death but forms an 
 " Estate by itself " and is not aggregable. 
 The value of the interest is not also chargeable 
 with duty, but it is to be aggregated with 
 deceased's own estate and other aggregable 
 property for determining the rate of duty. 
 
 (c) Interest expectant in property of which deceased 
 was tenant for life under a disposition not made 
 by the deceased and the income of which property 
 passes for life to the wife or husband or lineal 
 ancestor or lineal issue of the deceased. 
 
 (d) Interest expectant in property of which deceased 
 was tenant for life under a disposition made by 
 the deceased and the income of which property 
 passes for life to some person living at the death 
 of deceased. 
 
 (e) Interest expectant in property of which a person 
 living at the date of death of deceased was tenant 
 for life under a disposition made by the deceased 
 within 12 months of his death ; or made at any 
 other time if deceased reserved to himself a power 
 of revocation. 
 
 In the above cases (c) (d) and (e) the corpus of 
 the property is chargeable with Estate Duty 
 on deceased's death and is aggregable, but the 
 value of the interest is not aggregable and 
 duty on such value of the interest is not 
 payable on deceased's death.
 
 30 The Practitioner' 8 Probate Manual. 
 
 Deductions against value. — With regard to the debts whi<-h 
 may be deducted, special attention is called to Section 7 of 
 the Finance Act, 1894, and it should be noted that full 
 particulars of each item must be given. "Where the debt 
 is for " money lent " or "bant over-draft " the date of the 
 loan and the nature of the security should be given, and 
 if should be stated whether the debt is legally recoverable, 
 giving the facts of the case. The names and addresses of 
 all creditors must be supplied. If there is a deficiency of 
 Real Estate after deducting the mortgages thereon such 
 deficiency should be included in this schedule as a deduc- 
 tion against Personal Estate. 
 
 The funeral expenses must be reasonable, and no allowance 
 will be made for mourning or a tombstone. The funeral 
 expenses of a married woman, which are in strictness payable 
 by her husband (unless specially charged on her separate estate 
 by her will), may be deducted. The foreign debts and 
 funeral expenses of a person dying abroad but domiciled in 
 the United Kingdom are as a rule allowed, but sec " Soward's 
 Estate Duty," 2nd edition, page 92. 
 
 Account No. 2. — This account should contain particulars 
 of the Personal Estate situate abroad of which a person dying 
 domiciled in the United Kingdom was possessed. Estate 
 Duty is chargeable thereon by virtue of Section 2 (2), Finance 
 Act, 1894. The Channel Islands and the Isle of Man are 
 deemed to be included in the term " abroad " for the purpose 
 of Estate Duty. Foreign bonds, shares or stock saleable or 
 transferable in the United Kingdom should not be included in 
 this account but should be accounted for in Account No. ] . 
 The value of foreign patent rights should be included in this 
 account. In the schedule to the account must be shown the 
 debts due from the deceased to persons resident out of the 
 United Kingdom but not including debts contracted to be
 
 The Practitioner's Probate Manual. 31 
 
 paid in the United Kingdom or charged on property situate 
 in the United Kingdom which have been deducted in the 
 schedule to Account No. 1. The debts must have been 
 incurred by the deceased for full consideration in money or 
 money's worth wholly for deceased's own use and benefit. 
 In this schedule deduction should also be taken against the' 
 principal value of the property included in the Account 
 No. 2, of any duty payable in a foreign country (not a 
 British possession) by reason of deceased's death in respect of 
 such property situate in that country. The duty, which has 
 actually been paid upon Personal Estate included in this 
 account in a British possession to which Section 20, Finance 
 Act, 1894, has been applied by Order in Council, is allowed 
 against the duty paid in England upon such property. If 
 the section has not been applied to the possession the duty is 
 treated as if paid in a foreign country, see supra. There is 
 no provision in the Act for an allowance in cases where duty 
 has been paid in a British Consular Court on the Personal 
 Estate included in this account, but an application to 
 the Treasury for an allowance will be considered. A deduc- 
 tion against such principal value may be taken of any sum, not 
 exceeding 5 per cent, on the value of the property, represent- 
 ing additional expense incurred in administering or realizing 
 such property by reason of the property being situate out of 
 the United Kingdom. The ordinary expense of realization 
 is not a proper deduction against Estate Duty, and therefore 
 the amount to be taken must be only such extra expense 
 entailed by reason of the situation of the property. 
 
 Accounts Nos. 3a and 3b. — Particulars should be given 
 in these accounts of the personal property, other titan that 
 included in accounts Nos. 1 and 2, of which the deceased was 
 at his death competent to dispose but of which he did not 
 dispose. A person is deemed competent to dispose of property 
 if he had such an estate or interest therein or such general
 
 32 The Practitioner's Probate Manual. 
 
 power as would if he wore sui juris enable him to dispose of 
 the property. In the second part of the account should be 
 given particulars of money which the deceased had at his 
 death a general power to charge on Real Property other than 
 his own Heal Estate whether such power was exercised by his 
 will or not. Full information of the disposition by virtue of 
 which the deceased had power to dispose of the Personal 
 Property or to charge Real Property should be furnished ; 
 such as the dates of deeds, names of parties thereto, name of 
 testator, date of death, date and place of proof of will, etc. 
 
 The accounts should only be used if the duty on the pro- 
 perty included therein is being paid upon the affidavit and then 
 only if such property is liable to aggregation. If the duty is 
 not being paid upon the affidavit or the property is not aggre- 
 gable, the value of the propert}' should be shown by separate 
 schedules and referred to in paragraph 13 of the affidavit. 
 
 Accounts Nos. 4 and 5. — In these accounts should be 
 included all other property chargeable with Estate Duty on 
 the death of the deceased and upon which duty is being paid 
 upon the affidavit for grant. Such " other property" includes 
 gifts inter vims, donations mortis causa, annuities provided by 
 deceased other than by his will, Real and Personal Estate of 
 which deceased was tenant for life, deceased's severable share 
 of property of which he was a joint owner, deceased's own 
 Real Estate, etc., etc. Leasehold property of which deceased 
 was the absolute owner must be included in Account No. 1 
 being part of his own Personal Estate. 
 
 The various items included in the account should be shown 
 by separate schedules, but the totals should be inserted in the 
 account on the form. In the case of property of which 
 deceased was tenant for life only, particulars of the disposition 
 under which the property passed and the relationship of the 
 beneficiaries to the deceased should be given. If deceased's 
 interest in any property was less than the whole a statement
 
 The Practitioner 9 8 Probate Manual. 33 
 
 showing how deceased acquired such interest should be 
 annexed. 
 
 The principal value of each item should be given and the 
 basis of such value must be indicated. In the case of real 
 and leasehold property each item should be separately 
 specified and numbered and the names of tenants and 
 separate rentals supplied. If the property is unoccupied or is 
 in the occupation of the owner or a relative the gross property- 
 tax assessment, or if not so assessed tike gross poor-rate assess- 
 ment must be given. The reduced assessment for collection 
 of Income Tax on the property is not accepted as an indica- 
 tion of the annual value of property for the purpose of Estate 
 Duty. The annual deductions in respect of each item of the 
 property should be stated in order to show the net annual 
 value. The amount usually allowed for repairs is 10 per 
 cent, on the gross annual value, but in the case of small 
 property 15 per cent, is sometimes allowed on a statement as 
 to the character of the houses. For agricultural property 
 7^ per cent, on the gross annual value is the usual allowance. 
 Rates paid by the owners (and stated so to be) will be allowed, 
 except in cases where the property-tax or poor-rate assessment 
 is given as the gross annual value. Property-tax is not a 
 proper deduction and no allowance is made against the 
 annual value for empties or for expenses of collection. The 
 interest on any mortgage charged on the property should 
 not be taken into consideration in fixing the net annual value 
 as the principal will be allowed against the saleable value. 
 
 The principal value upon which duty is payable is the 
 
 price which the property would realizo if sold in the open 
 
 market. If the property has been sold since the death the 
 
 gross amount realized is the basis for duty. In estimating 
 
 the value of a freehold public-house the goodwill and 
 
 fixtures should be taken into consideration and the fact 
 
 should be stated. Agricultural property is to be valued in 
 
 D
 
 34 The Practitioner* 8 Prolate Manual. 
 
 the manner prescribed by Section 7 (5), Finance Act, 1894, 
 but it should be noted that the allowance for management 
 expenses can only be taken if 25 years' purchase on the net 
 annual value is given. 
 
 The deductions allowed against the principal value of the 
 property included in the account are the incumbrances on 
 such property which were created by deceased himself or by 
 his predecessors in title. If created by the deceased they 
 cannot be allowed unless incurred for full consideration in 
 money or money's worth wholly for deceased's own use and 
 benefit and to take effect out of his interest. If there is a 
 right of reimbursement from any other estate or person the 
 debt will not be allowed unless such reimbursement cannot be 
 obtained. If the mortgage is charged on different portions 
 of deceased's estate such debt should be apportioned. Where 
 the debts on deceased's Real Estate exceed the value thereof 
 a deduction of such deficiency may be taken in the schedule 
 to the account No. 1. Any deficiency of Personal Estate 
 shown by account No. 1 may be included in the schedule. 
 
 The account No. 5 annexed to the affidavit should not 
 be used except for property which is chargeable with 
 Estate Duty on deceased's death and is aggregable with 
 deceased's own estate and then only when the duty on the 
 property included therein is being paid upon the affidavit. 
 If the duty on the aggregable estate is not accounted for at 
 the time of grant, or if the property is not aggregable, a 
 schedule should be annexed to the affidavit giving the 
 particulars of the " other " property passing in order that 
 in the case of aggregable property the rate of duty may be 
 determined. For this purpose the particulars need not be 
 in detail, but the principal value of the property must be 
 shown as nearly as possible. 
 
 It is, however, necessary to show under what disposition 
 the property passes and also the relationship of the
 
 Tlic Practitioner* 8 Probate Manual. 
 
 :>>:, 
 
 beneficiaries to the deceased. Fuller particulars must be 
 supplied when the duty is accounted for. The paragraph 
 in the affidavit referring to such " other " property must be 
 modified by striking out the reference to account No. 5, and 
 the schedule above mentioned should be otherwise identified. 
 
 The rates of Estate Duty are as follows : — 
 
 
 
 
 
 Rate 
 
 Where the net P 
 
 •ineipal Vulue of the Estate 
 
 per 
 
 
 
 
 
 Cent. 
 
 £ 
 
 
 
 € 
 
 £ b. d. 
 
 Exceeds 100 i 
 
 ind does 
 
 not 
 
 exceed 500 
 
 1 
 
 ,, 500 
 
 ,, 
 
 
 „ 1,000 
 
 2 
 
 5 
 
 1,000 
 
 >j 
 
 
 10,000 
 
 3 
 
 J 
 
 10,000 
 
 
 
 ,, 25,000 
 
 4 
 
 , 
 
 25,000 
 
 ,, 
 
 
 ,, 50,000 
 
 4 10 
 
 , 
 
 50,000 
 
 ,, 
 
 
 75,000 
 
 5 
 
 , 
 
 75,000 
 
 J J 
 
 
 100,000 
 
 5 10 
 
 ., 
 
 100,(1(11) 
 
 >> 
 
 
 150,000 
 
 6 
 
 , 
 
 150,000 
 
 > J 
 
 
 ,, 250,000 
 
 6 10 
 
 , 
 
 250,000 
 
 J J 
 
 
 ,, 500,000 
 
 7 
 
 , 
 
 500,000 
 
 ,, 
 
 
 ,, 1,000,000 
 
 7 10 
 
 5 
 
 1,000,000 
 
 " 
 
 ■ 
 
 " 
 
 8 
 
 In the estates of persons dying before the 1st July, 1896, 
 
 the duty is calculated on every £10 or fractional part of 
 
 £10, so that an estate of the value of £905 is charged as 
 
 £910. In cases where the fractions of the net value of the 
 
 real and personal estate upon which duty is offered make 
 
 together less than £10, for example £905 and £904 = 
 
 £1,809, the duty on the fraction is thrown upon the larger 
 
 sum (in this instance on the £905), and the duty would be 
 
 charged on £910 and £900 respectively. This rule would 
 
 not apply if only part of the aggregated sum is being 
 
 paid on the affidavit, for in this ease t\)e duty on th^ whole 
 
 fraction would be charged. 
 
 By Section 17 of the Finance Act, 1896, it is enacted that 
 
 in the estates of persons dying on or after 1st July, 1896, where 
 
 the principal value of an estate com] irises a fraction of £100 
 
 in excess of £100, or of any multiple of £100, such fraction 
 
 D2
 
 36 The Practitioner's Probate Manual. 
 
 is to be excluded from the value of the estate for the purpose 
 of determining both the rate and the amount of duty ; 
 except that where the value exceeds £100 and does not 
 exceed £200 the duty is to be £1. 
 
 For example, an estate of £10,080 is charged as an estate 
 of £10,000, and the rate of duty being £3 per cent., the 
 duty would be £300. An estate of £10,100 would, however, 
 be dealt with as of that value, and the rate being £4 per 
 cent., the duty would be £404. An estate of £594 would 
 be charged as £500 at the rate of £1 per cent., the duty 
 being £5. 
 
 In cases where duty is paid upon Real and Personal Estate 
 on the affidavit for Inland Eevenue on taking the grant, and 
 there is a fraction of £100 in the value of each estate, the 
 rule is as follows : — (1) If the two fractions together do not 
 exceed £100, each fraction is to be left out of account; 
 (2) if, however, the two fractions together exceed £100, the 
 amount which has the larger fraction is to be increased to the 
 next multiple of £100, and the other fraction is not to be 
 considered. Thus, (1) Eeal Estate £740 and Personal Estate 
 £442, total £1,182, duty is charged on £1,100, that is, £700 
 Real and £400 Personal ; (2) Real Estate £860, Personal 
 Estate £450, total £1,310, duty is charged on £1,300, that 
 is, Real £900 and Personal £400. 
 
 If Estate Duty on the Real Estate is not paid on the 
 affidavit for grant and the value of the Personal Estate is 
 under £100 the duty is charged on the actual value of such 
 Personal Estate. 
 
 If the duty on the Real Estate is not being paid upon the 
 affidavit for grant the rate of duty is ascertained by excluding 
 the fraction on the aggregated estate, but the amount of duty 
 is determined by disregarding the fraction in each case 
 except when the value of the estate upon which duty is being 
 paid is under £100. Thus, Personal Estate £268, Real
 
 The Practitioner * Probate Manual. 3? 
 
 Estate £1,478, total £1,746, the rate of duty is 3 per cent., 
 and the duty on the Personal Estate is charged on £200. 
 But if the Personal Estate is £70 and the Ileal Estate is 
 £1,478, the rate of duty is 3 per cent., and the duty on the 
 Personal Estate would be £2 2s. 0d., being 3 per cent, on 
 the actual amount as explained above. 
 
 Where the gross value of the property, real and personal, 
 settled and not settled, in respect of which Estate Duty is 
 payable on the death of the deceased (exclusive of property 
 settled otherwise than by the will of the deceased) does not 
 exceed £300, a fixed duty of 30s., and where the gross value 
 of such property does not exceed £500, a fixed duty of 50s. 
 may be paid, instead of the ad valorem duty according to the 
 scale. The court fee in each case is 15s. only. 
 
 Interest at 3 per cent, on the duty on the Personal Estate 
 is charged from the date of death to the date of payment. 
 
 In cases where the fixed duty of 30s. or 50s. is paid within 
 one year of the death, interest on the duty is not charged, 
 but if the application for the grant is made after the expira- 
 tion of one year from the death, interest at the rate of 3 per 
 cent, is charged from the date of death to the date of pay- 
 ment. This interest is paid by means of postage stamps. 
 
 Interest on the duty on Peal Estate is not chargeable until 
 the expiration of twelve months from the date of death, except 
 in cases where the Peal Estate has been sold within that 
 period in which case interest on the duty at 3 per cent, is 
 charged from the date of completion of sale to date of payment. 
 
 Fuller particulars as to the charge of duty under the Finance 
 Act, 1894, and the important subject of aggregation will be 
 found in the " Handbook to the Estate Duty," by A. W. 
 Soward, of the Legacy Duty Office, published by Waterlow 
 and Sons Limited ; who have also prepared forms for use 
 with the various Inland Revenue affidavits, specimens of 
 which will be forwarded on application.
 
 38 The Practitioner's Probate Manual 
 
 DUTY-PAID STAMP OE CERTIFICATE OF 
 PAYMENT ON AFFIDAVIT. 
 
 The Commissioners of Inland Revenue will, on presenta- 
 tion of a memorial, accompanied by the affidavit of value to 
 be lodged on applying for a grant tie bonis non or cessate 
 grant or double probate, impress a duty-paid stamp or 
 endorse a certificate of payment of duty on such affidavit, if 
 duty has been paid on the original estate. If any portion of 
 the estate to be included in the second or subsequent grant 
 has not borne Probate or Estate Duty a corrective affidavit 
 must be rendered and the duty paid, after which the free 
 stamp or certificate will be impressed or endorsed. 
 
 If the deceased died on or before the 1st day of August, 
 1894, form " A " is the appropriate affidavit, but if the death 
 was after the 1st of August, 1894, form " A-5 " must in 
 every case without exception be used. 
 
 The form of memorial is as follows : — 
 
 TO THE HONOURABLE 
 
 cT be (f ommissioners of |nlatrb ilcbnuu. 
 
 THE MEMORIAL of [the Memorial may be signed by the solicitor ; it must not 
 be sent by post but presented personally, or through an 
 agent, at the Head Office in London} 
 Res. 18 Fo. Afft. No. 
 
 SHKWETH THAT late of 
 
 Deceased died on the day of 18 
 
 THAT mi the day of 18 Probate of hifl Will (or at the 
 
 case may be) was granted by the Registry (if the Probate Division 
 
 of the High Court of Justice to 
 
 THAT [state here the circumstances which render tin further grant necessary. The 
 
 exact date of death of an Executor or Ad mi nisi rat or should be stated.} 
 THE said swore the Personal Estate and Effects of the said 
 
 lieceased to be of or under the value of £ and paid a Stamp Duty of £ 
 
 (1) upon such grant of which is herewith produced for inspection; {or), 
 
 (2) upon the Affidavit of value for Inland Revenue which is now filed at the Legacy 
 and Succession Duty Office). [Strike out the words at 1 or 2 as the case may be.] 
 
 THE Personal Estate and Effects of the said Deceased for or in respect of which the 
 said Probate (or as the case may be) was granted, consisted of the items set forth in 
 the following Account No. 1.
 
 The Practitioner s Probate Man aul. 39 
 
 Account No. 1. 
 
 THAT the Estate remaining to be administered, consists of the items Bet forth, in 
 
 the following Account No. 2. 
 
 Account No. 2. 
 
 THE said who is \»tate how entitled to new grant] of the 
 
 said now applies for a Grant, of and hath sworn the 
 
 Personal Estate and Effects of the said deceased to be of the value of £ 
 
 YOUK MEMORIALIST therefore humbly pray that your Honourable Board 
 will in' pleased to grant the usual Duty-paid Stamp or Certificate of payment of 
 Duty on the Inland Revenue Affidavit for the proposed new Grant. 
 
 DATED this day of 18 
 
 (Signature) 
 
 In the Account No. 1 should be inserted particulars of the 
 assets in respect of which the original grant was obtained 
 and their value at that date. Full description of leaseholds, 
 stocks and shares should also be given. If the details caunot 
 be supplied a statement to this effect must be made in the 
 Account. The Account No. 2 should contain particulars 
 of the estate remaining to he administered at the date of the 
 memorial and the items should be identified with the assets 
 in Account No. 1. 
 
 If the assets remaining to be administered are under the 
 value of £100 and the deceased died on or before the 1st 
 day of August, 1894, a free mark on the affidavit is not 
 necessary, but if the death is after that date a memorial must 
 in all cases be submitted in order that a certificate may be 
 endorsed on the affidavit. 
 
 It is not necessary to produce the original grant if taken 
 on or after the 1st day of June, 1881. 
 
 The memorial may be signed by the solicitor extracting 
 the grant. It must not be sent by post, but must be pre- 
 sented personally at the Legacy Duty Office in London.
 
 10 The Practitioner 9 a Probate Manual. 
 
 ENGROSSMENT OF WILL. 
 
 The will must be fairly and legibly engrossed on 
 parchment, the spelling and abbreviations appearing as in 
 the original; but the alterations (if any), if shown to have 
 been made before execution of the will, and they are such 
 as can be read with the will as it stood before alteration, 
 must be written fairly as part of the text, and not fac- 
 simile. If figures are given in thp will they must appear in 
 the engrossment. Objection is taken in the Registry to any 
 material part of the will being written upon an erasure. 
 When bookway skins or small open skins are used the fold 
 must allow for the seal which is 4" X 4". The writing 
 should be on both sides of bookway skins. The engrossment 
 will be collated with the original will in the Registry. The 
 folios (90 words) must be marked thereon before lodging. 
 
 Marking Exhibits. — Where only the ordinary oath is 
 filed with the will, it is sufficient that the executors and 
 commissioner sign the will (as also the codicil, if any) in 
 this fomi — 
 
 E. F., Commissioner. 
 
 p j,' [ Executors, 
 
 no exhibit clause being required ; but where any additional 
 affidavit is to be filed, the following form should be written 
 on the will — " This is the testamentary paper writing, or 
 will (or codicil) referred to in the annexed affidavit of 
 sworn on the day of 18 before me, 
 
 E. F., Commissioner." 
 
 This latter direction does not apply to the Principal 
 Registry and is not obligatory in some District Registries.
 
 The Practitioner's Probate Manual. 41 
 
 CHAPTER 4, 
 
 PROCEDURE. 
 
 The papers to lead application for the grant of probate 
 being now presumed to be in order, the practitioner will 
 attend at the Registry with the papers as under : — 
 
 1. Original will (and codicils if any), 
 
 2. Oath for executors, 
 
 3. Affidavit for Inland Revenue, duly stamped, 
 
 4. Engrossment, 
 
 and any other affidavits necessary in proof of due execu- 
 tion of the testamentary papers and of their condition 
 when executed, identity of executors, etc.; and instrument 
 of renunciation under the hands of the renouncing exe- 
 cutors, if any, and will make application for the fee- 
 sheet, the form of which is given on the following page, 
 with explanation of each item. 
 
 It may not be out of place here to suggest the desira- 
 bility of papers to lead grants of probate or administration 
 being brought into the Registry as early in the day as 
 possible, so as to allow the officials sufficient time for 
 careful examination, and to make the requisite searches, 
 which latter are, in some cases, very lengthy.
 
 42 
 
 The Practitioner's Probate Manual. 
 
 $n the ¥)igl) (Court of Justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 THE REGISTRY 
 
 LIST OP REGISTRY PEES RECEIVED ON GRANT. 
 
 Deceased. 
 18 . 
 
 Column for affixing 
 Fee Stamp, (a) 
 
 Note — Items 5, 6, 
 7, 8, 11, 16, 17, 1H, 20, 
 are not payable when 
 the application for 
 Grant is made in the 
 Principal Registry. 
 
 Administering Oaths 
 
 Each Oath 1 G 
 Marking Exhibits 
 
 Wlietlier on the same paper or not, 1, - each 
 Attesting Bond 
 
 1/6. Each subsequent Attestation, 1/- 
 
 Receipt 
 
 Notice of Application to Principal Registry 
 
 Filing ditto 
 
 Certificates from Principal Registry 
 
 Filing ditto 
 
 Registrar's Certificate, 2, 6 
 
 Filing each Affidavit, with or without 
 exhibits, 2 .'-; 
 
 Every other Instrument, 2 6 each 
 
 Engrossing and Collating Will for I 
 
 further Grant, folios f 
 
 Registering and Collating Will, folios 
 
 Ditto facsimile or Pencil Marks, folios 
 
 Probate or Administration with Will ) 
 under Seal. Under £ ... ) 
 
 Administration under Seal. Under) 
 
 £ 
 Copy 
 
 J 
 
 Principal Registry, 
 
 Will for 
 folios 
 Ditto facsimile or Pencil Marks, I 
 
 folios | 
 
 Record of Grant for ditto 
 
 Search (18 ) 
 
 Do. in Principal Registry 
 
 Special or Limited Grant, folios 
 
 Settling draft Oath to lead ditto 
 
 Enrolment of ditto, folios 
 
 Ditto Bond, folios 
 
 Where the Property to be dealt with is 
 under £20, 1/- per folio : above £20 
 2/- per folio. 
 Collating Documents and Certificate 
 
 Fiat 
 
 Noting Record of First Grant 
 
 Noting Domicile 
 
 £ ». 
 
 {a) The Stamps to be used are " Judicature Fee Stamps," and so marked, they are 
 of the values of Id., 2d., Gd., 1, -, 1 6, 2 -, 2 6, 3 -, 5 -, 10, -, £1, £2, £5.
 
 The Practitioner's Probate Manual. 43 
 
 Nos. 1, 2 and 3. Those charges are made when papers 
 are sworn to in the Registry. 
 
 4. When the papers are handed into the Registry, the 
 practitioner will receive from an officer of the Court a 
 temporary voucher for them, which voucher should be 
 returned to the Registry when the grant is received. 
 This fee of Is. is charged for preparing the voucher. 
 
 5. This notice to lead certificate from Principal Registry 
 is prepared in the Registry, and the fee of Is. charged for 
 preparing it. 
 
 6. When the certificate has been received from the 
 Principal Registry, it is filed with the papers, and the 
 fee of 6d. charged for filing it. 
 
 7. This fee is for the certificate issued from the Principal 
 Registry when the application is made through a District 
 Registry. 
 
 8. This is the fee 6d. for filing the above in the Registry. 
 
 9. This fee is charged for the certificate by the Registrar 
 at the foot of the grant as to the gross value of the personal 
 estate (required by Act of Parliament). 
 
 10. Here should be inserted all affidavits and other 
 documents which are to be filed in the Registry. No 
 charge is made for filing oath or bond, or affidavit for 
 Inland Revenue. 
 
 11. Where a grant of double probate or administration 
 with the will de bonis non is applied for in the District 
 Registry, the engrossment is made in the Registry, and a 
 fee of 4s. 6d. for the first three folios, and Is. 6d. for every 
 additional folio is charged. (Extra words over the folio 
 being in all cases counted as a folio.)
 
 44 The Practitioner* a Probate Manual. 
 
 12. This fee is also at the rate of 4s. 6d. for the first 
 three folios, and Is. 6d. for every additional folio. 
 
 13. This fee is at the rate of Is. for the first two folios, 
 and 6d. for every additional folio, and is charged in 
 addition to the fees in No. 12. 
 
 14. Here is inserted the fee charged upon the net 
 amount of estate according to the scale. (See p. 118.) 
 
 15. The same herein. 
 
 16. The charge of 2s. 6d. for the first five folios, and 
 6d. for every additional folio, is made for this copy, which 
 is sent to the Principal Registry with the weekly return. 
 
 17. See No. 13. 
 
 18. This fee is charged for the record of the grant 
 filed in the Registry, a duplicate of which is sent to 
 London with the weekly return. Where the record exceeds 
 five folios in length, in case of a limited or special grant, 
 it is charged at the rate of 6d. per folio. 
 
 19. The fee of 6d. for every full year or part of year is 
 charged for making search in the Registry, the calculation 
 being made from the date of death to application for the 
 grant. 
 
 20. The fee of 6d. a year is charged for making this 
 search in the Principal Registry where the calendars are 
 not complete in the District Registry. 
 
 21. This fee is charged at Is. per folio where the estate 
 to be placed in the possession of or dealt with by the 
 administrator by means of the grant is under £20, but at 
 2s. a folio when it exceeds that sum. 
 
 22. This fee is 2s. 6d. for 10 folios and under, and 3d. 
 for every additional folio.
 
 The Practitioner* 8 Probate Manna/. 45 
 
 23. The same as 21. 
 
 24. In cases of special grants the bond is prepared in 
 the Registry, and the same fee as in No. 21 is charged. 
 
 25. This fee is 2s. 6d. for 10 folios and under, and 3d. 
 for every additional folio. 
 
 26. See Registrar's Fiat, referred to in Chapter 1, page 115. 
 The practitioner makes the copy will according to the 
 particular circumstances of the case. 
 
 27. This fee is charged in case of a second or supple- 
 mentary grant. 
 
 28. This fee relates to cases in which Scotch property is 
 included in the Affidavit for Inland Revenue and to which 
 reference is made in the Oath. (See page 101.)
 
 4G The Practitioner's Prolate Manual. 
 
 CHAPTER 5. 
 
 ADMINISTRATION WITH THE WILL 
 ANNEXED. 
 
 When the practitioner receives a will for the purpose of 
 proving the same, and there are no executors thereby 
 appointed ; or if any appointed, they have died before the 
 testator, or, having survived him, have died without having 
 proved the will ; or have renounced probate ; or being 
 resident abroad, have appointed an attorney to act for 
 them, the Court will grant administration (with the will 
 annexed) of the Personal Estate and effects of the deceased. 
 
 The renunciation by an executor of probate of the will 
 includes a renunciation of his right to administration with 
 the will annexed if he is entitled to such grant as residuary 
 legatee in trust or otherwise. 
 
 The same rules as to the execution of the will, etc., 
 referred to in Chapter 1, are equally applicable to a will 
 annexed to a grant of administration. 
 
 The grant is made to the persons interested in the 
 following order : — 
 
 1. Attorney of executor (who resides out of England). 
 
 2. Universal (or residuary) legatees in trust (one or 
 more of them, not exceeding three). 
 
 3. Residuary legatees for life (one or more). 
 
 4. Residuary legatees substituted on the decease of those 
 who take a life interest (one or more). 
 
 5. Residuary legatees (one or more).
 
 The Practitioner's Probate Manual. 47 
 
 6. The legal personal representatives of residuary legatees 
 who survived the testator, but have since died, in cases 
 where all the residuary legatees are dead. The grant 
 constituting such legal personal representative or, if 
 same not available, a copy of the Act of Probate or 
 Administration must be produced. The Court alwa} r s 
 prefers a living person, entitled in distribution, to the 
 representative of a deceased residuary legatee. 
 
 7. The next-of-kin when no residuary legatee is appointed 
 or when the gift of residue has lapsed. 
 
 8. A legatee. 
 
 A few examples of the foregoing forms of grant will 
 be found in the next chapter. 
 
 Where there is any doubt as to the interest of the 
 applicant in respect of which a grant should be made, 
 the opinion of the Registrar should first be taken in order 
 to avoid error. 
 
 In addition to the ordinary oath (described in the next 
 chapter), and affidavit for Inland Revenue, the Court 
 requires a bond to be given by the administrator (will). 
 (See Chapter 7.) 
 
 For the Inland Revenue affidavit and special instruc- 
 tions thereon, see Chapter 3. 
 
 A certificate of the practitioner as to the cause of 
 delay in applying for a grant is required when the 
 application is not made until three years after testator's 
 death. (See Certificate of delay, p. 132.) 
 
 Seven clear days must elapse from the death of testator 
 before a grant of administration (will) can be made to 
 his estate.
 
 48 The Practitioner* 8 Probate Manual 
 
 CHAPTEE 6. 
 
 OATH FOR ADMINISTRATORS (WITH THE 
 WILL ANNEXED). 
 
 Rule 43 directs that, " the oath of administrators, and 
 of administrators with the will annexed, is to be so worded 
 as to clear off all persons having a prior right to the 
 grant, and the grant is to show on the face of it how 
 the prior interests have been cleared off and the oath is to 
 set forth, when the fact is so, that the party applying is 
 the only next-of-kin of the deceased." 
 
 The form of oath is given here at full length, in order 
 to explain the blanks numerically. 
 
 [Oath — For Administrators with the Will.'] 
 fit tbc $jigb Court of fustite. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 THE REGISTRY 
 
 IN the goods of deceased 
 
 (*) I, of make oath and say that, believe the paper writing hereto 
 
 annexed, and marked by to contain the true and original last will and 
 
 testament ( 3 ) of (*) 
 
 of (*) deceased, who died ( 5 ) on the day of 18 , at 
 
 and that (") and 
 
 that will faithfully administer the personal estate and effects of the said 
 
 deceased by paying h just debts, and the legacies contained in 
 h Will and distributing the residue of h estate according to 
 
 law; that will exhibit a true and perfect inventory of all and singular the said 
 
 personal estate and effects, and render a just and true account thereof whenever 
 required by law so to do ; and that the gross personal estate and effects of the said 
 deceased is of the value of £* and no more to the best of 
 
 knowledge, information, and belief. 
 
 Sworn at 
 on the 
 
 18 
 Before me, 
 
 A Commissioner for Oaths. 
 
 .} 
 
 * As to the amount to be inserted here, see page 17.
 
 The Practitioner's Probate Manual. 49 
 
 1. See 1, Chapter 2. 
 
 2, 3, and 4. See 2, 3, 4, 5, Chapter 2. 
 
 6. Here all persons having a prior right to the grant in 
 the order set forth on pages 46 and 47 should he cleared oil'. 
 
 The interest in respect of which the applicant proposes 1<> 
 take the grant should then be shown. 
 
 In order more perfectly to illustrate these two latter 
 points, a few descriptive eases are given. 
 
 AVhere the applicant is related to the deceased, the 
 relationship must he shown at No. 6. The relationship to 
 the deceased of any persons who were entitled to the grant 
 and are dead or have renounced must also be given. (See 
 page 15.) 
 
 Where a grant of administration (will) is made to a 
 representative of a person entitled, care must be taken that 
 the date of the grant to the representative, and the Registry 
 from which it issued, are correctly stated in the oath. The 
 leading grant must be produced. 
 
 The administrator must be sworn to the oath, and must 
 execute the bond, before the same commissioner. 
 
 EXAMPLES OF CLEARING OFF. 
 
 No executor appointed — Grant to the sister, the 
 residuary legatee in trust. 
 
 (6) The said deceased did not in his said will 
 name any executor; that I am the sister of the 
 said deceased, and the residuary legatee in trust 
 named in his said will. 
 
 No executor appointed — Grant to child cue of the 
 residuary legatees. 
 
 (6) The said deceased did not in his said will 
 name any executor; that I am the son of the said
 
 50 The Practitioner' % Probate Manual 
 
 deceased and one of tlie residuary legatees named in his 
 said will. 
 
 [Note. — II sometimes happens that a testator bequeaths his estate 
 to a person subjed to a condition, e.g., on condition thai the 
 legatee does not marry outside a particular faith, in such case 
 it must be shown thai a1 the time of making the application 
 for Grant the condition is complied with.] 
 
 No executor or residuary legatee — Grant to widow. 
 
 (6) The said deceased did not in his said will 
 name any executor or residuary legatee ; that I am 
 the lawful widow and relict of the said deceased. 
 
 Executors renounce — No residuary legatee named — 
 Grant to lawful widoiv and relict. 
 
 (6) A. B., and C. D., the executors named in the 
 said will, have renounced the probate and execution 
 thereof ; that the said testator did not in his said will 
 name any residuary legatee ; that I am the lawf id 
 widow and relict of the said testator. 
 
 No executor or residuary legatee — Grant to brother. 
 
 (6) The said deceased did not in his said will name 
 any executor or residuary legatee ; that the said deceased 
 died a widower without child or parent ; that I am the 
 natural and lawful brother and one of the next-of-kin of 
 the said deceased. 
 
 Sole executor and residuary legatee survives testator 
 and dies without proving — Grant to representative of 
 residuary legatee. 
 
 (6) That A. B., the sole executor and residuary 
 legatee named in the said will, survived the said deceased 
 and is since dead without having taken upon himself 
 probate and execution thereof ; that I am the executor
 
 The Practitioner's Probate Manual. 5] 
 
 of the will of the said A. B., deceased, I having duly 
 proved his said will in this Division at the Principal 
 Registry thereof on the day of , 18 . 
 
 Executors die in testators lifetime — Grant to re- 
 siduary legatee. 
 
 (6) A. B., the brother of the said testator, and 
 C. i)., the executors named in the said will, died in 
 testator's lifetime ; that I am the residuary legatee 
 named in the said will. 
 
 Executors and residuary ley a tees in trust die in 
 testator s lifetime — Grant to the relict of deceased, the 
 residuary legatee for life. 
 
 (6) A. B. and C. B., the executors and residuary 
 legatees in trust named in the said will, died in 
 testator's lifetime ; that I am the relict of the said 
 testator, and the residuary legatee for life named in 
 his said will. 
 
 Executor and residuary legatee in trust, and the 
 widow, the residuary legatee for life, both renounce 
 — -Grant to the son, one of the residuary legatees 
 substituted. 
 
 (6) A. B., the sole executor and residuary legatee 
 in trust named in the said will, has renounced the 
 probate and execution thereof ; that C. B., widow, the 
 relict of the said testator, the residuary legatee for 
 life named in his said will, has renounced the letters 
 of administration (with the said will annexed) of his 
 personal estate ; that I am the son of the said 
 testator, and one of the residuary legatees substituted 
 in his said will. 
 
 E2
 
 52 The Practitioner's Prolate Manual. 
 
 One executor renounces — the other executor died in 
 testator's lifetime — Grant to residuary legatee. 
 
 (6) A. B., one of the executors named in the said 
 will, has renounced the probate and execution thereof ; 
 that C. D., the other executor named in the said 
 will, died in testator's lifetime; that I am the residuary 
 legatee named in the said will. 
 
 Executor dies in testator s lifetime — Gift of residue 
 lapsed — Grant to brother as one of the next-of-kin. 
 
 (6) A. B., the nephew and the sole executor 
 named in the said will, died in the lifetime of testator ; 
 that C. 7)., the son, the sole residuary legatee named in 
 the said will, also died in the lifetime of the said 
 testator a bachelor; that the said deceased died a 
 widower without child or parent, that I am the natural 
 and lawful brother and one of the next-of-kin of the 
 said deceased. 
 
 Executor dies in testator s lifetime — Residuary legatee 
 (the son) edso dies in testators lifetime but leaves issue — 
 Grant to rejwesentative of dead residuary legatee 
 
 [Wills Act, 1837]. 
 
 (6) A. B., the sole executor named in the said 
 will, died in the lifetime of testator; that C. D., the 
 son, the sole residuary legatee named in the said will, 
 also died in the lifetime of the said testator leaving 
 lawful issue ; that I am the executor of the will of the 
 said C. 2)., deceased, I having duly proved his said will 
 in this Division at the Registry thereof on the 
 
 day of 18 .
 
 The Practitioner's Probate Manual. 53 
 
 Sole executrix and residuary legatee for life dies in 
 testators lifetime — Residuary legatee for life substituted 
 renounces — Grant to residuary legatee substituted. 
 
 (6) That A. B., the lawful wife of the said 
 deceased and the sole executrix and residuary legatee for 
 life named in his said will, died in the lifetime of the 
 said deceased ; that C. D., spinster, the lawful daughter 
 and the residuary legatee for life substituted in the 
 said will, has duly renounced the letters of administra- 
 tion (with the said will annexed) of the personal estate 
 of the said deceased ; that I am the natural and lawful 
 son and as such one of the residuary legatees substituted 
 in the said will. 
 
 Sole executrix and universal legatee (the widow) 
 renounces — Grant to ■son, one of the next-of-kin. 
 
 (6) That A. B., the lawful widow and relict 
 and the sole executrix and the universal legatee named 
 in the said will of the said deceased, has duly renounced 
 the probate and execution thereof and also the letters 
 of administration (with the said will annexed) of the 
 personal estate of the said deceased ; that I am the 
 natural and lawful son and one of the next-of-kin of the 
 said deceased. 
 
 No executor or residuary legatee in trust appointed- 
 Residuary legatee renounces — Grant to next-of-kin. 
 
 (6) That the said deceased did not in his said will 
 name any executor or residuary legatee in trust \ 
 that A. B., spinster, the daughter, and the sole 
 residuary legatee named in the said will, has duly 
 renounced letters of administration (with the said will
 
 54 The Practitioner' & Probate Manual, 
 
 annexed) of tin 1 personal estate of the said deceased; 
 that ihf said deceased died :i widower; that I am the 
 natural and lawful son and one of the next-of-kin of 
 the said deceased. 
 
 Executors and universal legatees in trust and re- 
 siduary legatee all survived hut died without proving — 
 (I runt to representative of residuary legatee. 
 
 (6) A. B. and C. D., the executors and universal 
 legatees in trust named in the said will, survived the 
 said testator, but died without taking upon themselves 
 the probate and execution thereof. That E. F., the 
 residuary legatee named in the said will, also survived 
 the said testator, but died without taking upon him- 
 self letters of administration (with the said will 
 annexed) of the personal estate of the said testator ; 
 That I am the executor [or acting executor'] of the 
 will [or the administrator of the personal estate] of the 
 said E. F., deceased, by virtue of a probate [or of 
 letter* of administration] granted to me by this Division 
 at the Principal Registry thereof, on the 
 day of 18 . 
 
 Two executors appointed, both survived but one died 
 without proving, the other renounces — Grant to widow 
 residuary legatee for life. 
 
 (6) That A. B., one of the executors named in the 
 said will, survived the said deceased and is since dead 
 without having taken upon himself probate and execu- 
 tion of the said will ; that C. I)., the son, the other 
 executor named in the said will, has duly renounced 
 probate and execution thereof ; that I am the lawful 
 widow and the residuary legatee for life named in the 
 said will.
 
 Tin- Practitioner 1 a Probate Manual. 55 
 
 Executors renounce — Residue heijueatheil to children 
 as a class, and not by name — Grant to son, one of 
 the residuary legatees (a minor at the date of the will). 
 
 (6) A. B. and C. I)., the executors named in the 
 said will, have duly renounced the probate and execution 
 thereof ; that I am the natural and lawful son of 
 the said deceased, and as such (having attained the 
 age of 21 years), one of the residuary legatees named 
 in his said will. 
 
 Two executors accord///;/ to the tenor both survive and 
 die without proving ; residuary legatee for life (the 
 iridoto) died in lifetime of testator — Grant to son (not 
 named) one of the residuary legatees substituted. 
 
 • (6) That A. B. and C. B., the executors according to 
 the tenor of the said will, survived the said deceased and 
 are both since dead, without having taken upon 
 themselves probate and execution of the said will ; 
 that K. M., the lawful widow and the residuary legatee 
 for life named in the said will, died in the lifetime of 
 the said deceased ; that I am the lawful son of the said 
 deceased, and as such one of the residuary legatees 
 substituted in the said will. 
 
 Sole executor and residuary legatee dies in testator's 
 lifetime — Testator died a bachelor — Grant to a legatee 
 on renunciation of father. 
 
 (6) A. B., the sole executor and residuary legatee 
 named in the said will, died in testator's lifetime ; 
 that the said testator died a bachelor ; that C. D., the 
 natural and lawful father and next-of-kin of the said 
 testator, has renounced the letters of administration
 
 56 The Practitioner's Probate Manual. 
 
 (with the said will annexed) of the personal estate of 
 the said testator; that 1 am n Legatee named in the 
 
 said will. 
 
 Sole executor and residuary legatee renounces — 
 Deceased dies a bachelor without parent — Grant to 
 next-of-kin. 
 
 (6) A. B., the sole executor and residuary legatee 
 named in the said will, has renounced the probate and 
 execution thereof ; that the said deceased died a 
 bachelor without parent; that I am the natural and 
 lawful sister, and one of the next-of-kin of the said 
 deceased. 
 
 Sole executor survives but did not prove — No residuary 
 legatee — Grant to nephew one of the persons entitled in 
 distribution. 
 
 (6) A. B., the sole exeontor named in the said will, 
 survived the said deceased, and is since dead without 
 having- taken upon himself probate and execution of the 
 said will ; that the said deceased did not in his said will 
 name any residuary legatee ; that the said deceased died 
 a bachelor without parent leaving G. II, his natural and 
 lawful brother and only next-of-kin, who has duly 
 renounced [or who is since dead without having taken 
 upon himself] letters of administration (with the said 
 will annexed) of the personal estate of the said deceased ; 
 that I am the lawful nephew, and one of the persons 
 entitled in distribution to the personal estate of the said 
 testator, being the natural and lawful son of II. II., the 
 natural and lawful brother also of the said testator, who 
 died in his lifetime, to wit on the day of 18 .
 
 The Practitioner's Probate Manual. 57 
 
 Wife (one of the executors and the residuary legatee 
 for life) dies in testator s lifetime — The other executor 
 survives testator and dies without proving — Residuary 
 
 legatees (minors) renounce through their guardian — 
 Grant to a creditor, (a) 
 
 (6) The said deceased by his said will appointed 
 his wife, A. B. (who died in his lifetime), and C. D., 
 executors, and his said wife residuary legatee for life. 
 That the said C. D. survived the said testator, but died 
 without having proved the said will. That E. F. (b) 
 and G. H., the natural and lawful and only children 
 of the said testator, and as such the residuary legatees 
 substituted in the said will, are now in their minority, 
 to wit, the said E. F., a minor, of the age of 
 years only, and the said G. H., a minor, of the age of 
 years only. That I. J., widow, the lawful 
 aunt, and one of the next-of-kin, and the curatrix or 
 guardian lawfully elected of the said minors, has on 
 their part and behalf duly renounced the letters of 
 administration with the said will annexed of the 
 personal estate of the said testator ; that I am a 
 creditor of the said deceased. 
 
 Executor cited, to accept or refuse probate does not 
 appear — Grant to the son, one of the residuary legatees. 
 
 (6) A. B., the son of the said deceased, the sole 
 executor named in the said will, has been cited to 
 accept or refuse probate of the said will, but has in 
 no wise appeared, and that by an order made in this 
 matter on the day of 18 
 
 (a) In this case a special furm of bond is required. 
 
 (b) A female minor will be described as a " spinster."
 
 58 The Practitioner* % Probate Manual. 
 
 it was ordered thai Letters of administration, with the 
 said will annexed, of the personal estate of the said 
 deceased be granted to me, this deponent; that I am 
 (he son of the said testator, and one of the residuary 
 legatees named in his said will. 
 
 [In this case a copy of the Registrar's order 
 will be filed, and in ease there has been no personal 
 service of the citation, the sureties will have to 
 justify. See Affidavit of Justification of Sureties, 
 P . 130]. 
 
 Executors survive deceased and renounce — ( ,' runt to 
 guardian of sole residuary legatee. 
 
 |n the |)igb Court of justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 
 (PROBATE.) 
 THE REGISTRY. 
 
 IN the goods of deceased. 
 
 I, of make oath and say that 
 
 of deceased died at on the day of 
 
 18 having made and duly executed his last will and testament 
 bearing date the day of 18 and thereof appointed 
 
 and executors who have duly renounced probate and execution 
 
 thereof; that spinster the lawful daughter and the sole 
 
 residuary legatee named in the said will is now in her minority to wit of the age of 
 years and upwards and under the age of 21 years; that there is no testamentary 
 or other lawfully appointed guardian of the said minor ; that I am the lawful 
 and only [or one of ihe~] next-of-kin of the said and that she has by 
 
 an instrument in writing under her hand bearing date the day of 
 
 18 elected or chosen me to be her curator or guardian for the purpose of taking 
 letters of administration (with the said will annexed) of all and singular the personal 
 estate and effects of the said deceased for her use and benefit and until she shall attain 
 the age of 21 years ; that I believe the paper writing hereto annexed and marked by 
 me to contain the true and original last will and testament of the said deceased ; that 
 I will faithfully administer the personal estate of the said deceased for the use and 
 benefit of the said until she shall attain the age of 21 
 
 years by paying the just debts of the said deceased and the legacies contained in his 
 said will and distributing the residue of his said estate according to law; that I will 
 exhibit a true and perfect inventory of all and singular the said personal estate and 
 effects and render a just and true account thereof whenever required by law so to do ; 
 and that the gross personal estate and effects of the said deceased is of the value of 
 £ and no more to the best of my knowledge, information 
 
 and belief. 
 
 Sworn at , 
 
 this day of 18 , J 
 
 Before mo
 
 The Practitioner's Probate Manual. 59 
 
 Sole executor and residuary legatee a minor 
 Grant to guardian. 
 
 (Usual Hi.amng.) 
 
 1, of make oath ami say thai 
 
 of deceased died on the day of L8 sit 
 
 having made and duly executed his last will ami testament 
 bearing date the day of L8 and thereof appointed his son 
 
 sole executor and sole residuary legatee ; that, the said 
 is now in his minority to wit the age of years and upwards but under the age of 
 
 21 years ; that, their is no testamentary or other lawfully appointed guardian of the 
 said minor; that I am the lawful and only next-of-kin of the said 
 
 minor; that the said minor has by an instrument in writing, etc., etc. [complete n» 
 preceding form], 
 
 Iii all cases of grants to guardians for the benefit of 
 minors the proposed administrator must file a declaration of 
 the personal estate of the deceased except where the whole 
 estate is under the gross value of £20 or where the guardians 
 are appointed by the High Court of Chancery or other 
 competent Court or are the testamentary guardians of the 
 minors. (See rules on pages 150 and 151. For the form of 
 election and declaration, see pages 133 and 135.) 
 
 The minors must elect their next-of-kin, but if such next- 
 of-kin renounce his right to guardianship the minors may 
 elect their next friend. If the minors have not any blood 
 relation an application must be made to the Queen's Proctor 
 as to whether he will interfere on behalf of the Crown, and 
 his decision in writing must be produced to the Registrar. 
 If the testamentary guardian of a minor apply for grant 
 the probate of the will of the person appointing such 
 guardian must be produced. Administration will be granted 
 to one of two or more testamentary guardians on consent of 
 the other or others.
 
 60 The Practitioner's Probate Manual. 
 
 Executor resides abroad — Grant to his lawfully 
 appointed attorney. [For Power of Attorney, see p. L36.] 
 
 [In this case, as the form somewhat differs 
 from the ordinary fomi of oath for administrators 
 (will), a full form is here given] : 
 
 |n the iHgb (fourt of justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 THE KKOISTRY. 
 
 IN I he goods of deceased. 
 
 I, of (trade), make oath and say that 
 
 of deceased, died on tin- 
 
 day of 18 , at , having made and duly 
 
 executed his last will and testament bearing date the day <if 
 
 18 , and thereof appointed his son sole executor, who now 
 
 resides at {here intert addren of executor, followed by trade). And 1 Farther make oath 
 iind say that 1 am the lawfully appointed attorney of the said as 
 
 in and by a letter or power of attorney under the hand and seal of the said 
 
 will more fully appear. And I further make oath and say that I believe the 
 paper writing hereto annexed and marked by me to contain the true and original last 
 will and testament of the said deceased, and that I will well and faithfully administer 
 the personal estate of the said testator for the use and benefit of the said 
 
 and until he shall duly apply for and obtain probate of the said will to be 
 granted to him by paying the just debts of the said deceased, and the legacies 
 contained in his will, and distributing the residue of his estate according to law. 
 That I will exhibit a true and perfect inventory of all and singular the said personal 
 estate and effects, and render a just and true account thereof whenever required by 
 law so to do, and that the gross personal estate and effects of the said testator is of 
 the value of {exact gross amount) and no more, to the best of my knowledge, information 
 and belief. 
 
 Sworn, &c. 
 
 The power of attorney and a copy of the account No. 1 
 annexed to the affidavit for Inland Revenue must be filed in 
 all cases of applications by an attorney. The power is 
 exempt from Stamp Duty. 
 
 The court will not grant administration to the attorney of 
 an executor to whom power has been reserved if, at the date 
 of the application, the executor who proved is still alive. 
 
 Grant will not be given to the attorney of one of two or 
 more executors if the others reside in the United Kingdom, 
 unless such others renounce. 
 
 AFFIDAVIT FOR INLAND REVENUE. 
 
 See Chap. 3.
 
 Tho Practitioner's Prolate Manual. 01 
 
 CHAPTER 7. 
 
 ADMINISTRATION (WILL) BOND. 
 
 In cases where a grant of administration (will) is made, the 
 Court requires the administrator to enter into a bond for his 
 faithful administration of the estate, as in the case of an 
 ordinary intestacy. Such bond will be given to the President, 
 for the time being, of the Probate Division of the High 
 Court, and particular care should be taken that the sureties 
 to the bond are responsible persons, as under certain 
 circumstances they may be called upon by the Court to 
 justify. A solicitor's clerk cannot be accepted as a surety, 
 unless the solicitor extracting the grant will certify (on the 
 back' of the bond) that such clerk is good and sufficient for 
 the amount of the bond, and that he is not a surety in any 
 other case. 
 
 In the Principal Registry a solicitor's clerk will not 
 under any circumstances be accepted. This rule is, in 
 special cases, relaxed if the clerk is a relative of the 
 proposed administrator. 
 
 Widows or spinsters are accepted as sureties ; and a 
 married woman will also be accepted as a surety, on its 
 being shown by her affidavit that she has sufficient separate 
 personal estate to cover the penalty in the bond. 
 
 It is no longer necessary that tho husband of an ad- 
 ministratrix should join in her administration bond. A 
 married woman administratrix will give bond for her 
 faithful administration as 0, feme xole. 
 
 The husband of an administratrix may therefore become 
 a party to her bond as a surety.
 
 62 The Practitioners Probate Manual. 
 
 In ordinary cases two sureties are required, but when 
 the personal estate is under the gross value of £50, one 
 surety only may be taken to the administration bond; and 
 one surety is also sufficient when the husband, or his 
 legal personal representative, administers to the estate of his 
 wife, without regard to the amount of such estate. 
 
 In lieu of sureties the Registrars will accept the bond of a 
 guarantee society. The usual form of bond is required 
 and in addition an affidavit is made by an officer of the 
 society stating the assets and liabilities of the society. 
 
 The administrator of the estate of a foreign subject who 
 was resident abroad may, (1) if it shall be proved by 
 affidavit that the deceased left no debts in England, or (2) 
 by leave of a Judge at Chambers, be allowed to give bond 
 with foreign sureties. The affidavit should be made by the 
 administrator and must state the fact that the deceased 
 was a foreign subject. Under special circumstances the 
 affidavit will be accepted if made by some other person 
 cognizant of the facts. 
 
 In all other cases sureties residing in the United Kingdom, 
 the Channel Islands, or the Isle of Man, shall be required, 
 except by leave of a Judge at Chambers. 
 
 It should be noted that the Court will not discharge the 
 original sureties to a bond, nor allow other sureties to be 
 substituted for them. 
 
 Where the gross personal estate does not exceed £100, 
 there is no stamp duty payable on the bond ; but where 
 such estate exceeds £100, a stamp duty of 5s. must be 
 impressed on the bond. 
 
 For further information in regard to bonds, see Rules 
 on pages 151 and 152. 
 
 The form of bond is given here at length, and the blanks 
 will be explained numerically.
 
 The Pr((ctitionor\ Pvohati- Manual. 63 
 
 [Administration ( Will) ]ioml.~] 
 
 KNOW all men by these presents that we (1) 
 are jointly and severally bound unto (2) 
 
 the President of the Probate Division of the High Court of Justice, in the 
 
 sum of (3) 
 
 Of good and lawful money of Great Britain, to be paid to the said (2) 
 
 or to the President of the said Division, for the time being-, for which pay- 
 ment well and truly to be made we bind ourselves and every of us, for the 
 whole, our heirs, executors and administrators, firmly by these presents. 
 Sealed with our Seals. Dated the day of in the Year 
 
 of our Lord One thousand eight hundred and 
 The condition of this obligation is such, that if the above-named (4) 
 
 of of 
 
 deceased, and who died on the day of 18 
 
 and the intended administrator (with the Will and codicils [if any] annexed) of the 
 
 personal estate and effects of the said deceased (5) 
 
 do, when lawfully called on in that behalf, make, or cause to be made, a true and 
 perfect inventory of the personal estate and effects of the said deceased (0) 
 
 which have or shall come to hands, possession, or knowledge, 
 
 and the same so made do exhibit, or cause to be exhibited, into the Registry 
 
 attached to the Probate Division of the High Court of Justice at 
 
 whenever required by law so to do. And the same personal estate and effects (7) 
 
 do well and truly administer 
 (that is to say) do pay the debts of the said deceased which did owe at 
 
 decease and then the legacies contained in the said will annexed to the said letters 
 of administration so to committed, as far as the said personal estate and 
 
 effects (8) will thereto extend, and 
 
 the law charge And further do make, or cause to be made, 
 
 a just and true account of said administration when shall be thereunto 
 
 lawfully required, and all the rest and residue of the said personal estate and effects, 
 shall deliver and pay unto such person or persons as shall be by law entitled thereto, 
 then this obligation to lie void and of none effect, or else to remain in full force and 
 virtue. 
 Signed, Sealed, and Delivered by the within-named j 
 
 In the presence of j 
 
 A Commissioner for Oaths. 
 
 1. Here give names, residences, and descriptions of 
 administrator and sureties. An administratrix must be 
 described as "spinster" or "wife of " or 
 
 " widow " as the case may be. A female surety should be 
 similarly described. 
 
 The description " gentleman " should be avoided as being 
 too general. If the surety has not any trade or profession 
 he should be described as " gentleman of independent means."
 
 64 The Practitioner' 8 Probate Ma nual. 
 
 A clerk should bo described as " banker's clerk," or as the 
 case may be ; an accountant should bo described as " chartered 
 accountant," or as the case may be ; a cashier should be 
 described as " mercantile cashier " or as the case may be. 
 
 As to solicitors' clerks as sureties, .sw page (51. 
 
 2. Here insert the full title and description of the 
 President of (lie Court for the time being-. The title of 
 the present judge is " The Rigid Honourable Sir Francis 
 Henry Jeune, Knight," 
 
 '3. Here insert double the gross amount of the personal 
 estate as shown by the affidavit for Inland Revenue affidavit 
 or the next highest round sum. 
 
 In cases of administration <h honix non the penal sum is 
 double the amount of the unadministered assets. 
 
 4. Here should be inserted the interest of the person 
 taking the grant as in the oath, for example : — 
 
 "Jane Brown, widow, the relict, the residuary 
 legatee, for life, named in the will of," etc. 
 
 " C. I)., the natural and lawful son and as such 
 one of the residuary legatees substituted 
 in the will of," etc. 
 
 " C. I)., the lawful uncle and the curator or 
 guardian duly elected of A. B., a minor, 
 the lawful son and the residuary legatee 
 named in the will of," etc., 
 
 or as the case may be. 
 
 The interest of the person taking the grant and the 
 name and address and date of death of the testator 
 are held to be material, and if these are incorrectly stated 
 the bond cannot be received.
 
 The Practitioner's Probate Manual. 65 
 
 5. This space is left for the clearing off in cases of 
 administration (will) durante ntinore cetate or de bonis grants 
 or grant to an attorney. In the first case, the clearing off is 
 similar to this, "for the use and benefit of the said minors 
 and infants, and unlil one of them shall attain the age of 
 21 years," and in the second "left unadministered by 
 C. B., widow, deceased, whilst living the relict of the said 
 testator, and the sole executrix named in his said will," or 
 as the case may be, and in the last case, " for the use and 
 benefit of the said A. B. and until he shall duly apply for 
 and obtain Probate of the said will to be granted to him." 
 
 The filling up of remaining blanks will suggest them- 
 selves, but in case of de bonis non grants the words " so 
 left unadministered " should follow at 6, 7 and 8. 
 
 0. The attestation clause. — Care should be taken, 
 before the papers are sent into the Registry, that the names 
 of the parties in the heading of the bond, their signatures, 
 and their names in the attestation clause agree. 
 
 If one of the parties to the bond execute same by making 
 his mark, the fact that the bond was explained to him should 
 be stated (see page 19). 
 
 The administrator must execute the bond in the 
 presence of the Commissioner who administers the oath to 
 him. The sureties may, if more convenient, execute before 
 another Commissioner. If the parties are marksmen, it 
 should be stated that the effect of the bond was duly 
 explained, and that the mark was made in the presence of 
 the Commissioner. 
 
 A bond executed out of the United Kingdom should be 
 attested by a Notary Public or a British Consular Agent. 
 
 F
 
 66 The rntctiti<»i<Ss Probate Manual. 
 
 Alterations in bond. — Alterations made in a bond 
 previously to exeoution must be initialled by the Commis- 
 Bioner, but if made after the execution, the bond must be 
 re-executed in the presence of the same or another Com- 
 missioner; hut it will he sufficient if the parties acknowledge 
 their signatures already made, and re-deliver the bond 
 as their act and deed. A fresh attestation clause will be 
 written in the margin — " Re-executed by all the within- 
 named parties (the alterations against which I have placed 
 my initials being first made) on the day of 
 
 IS , in the presence of ." An alteration, duly 
 
 attested, may he made in the penalty of a bond prior to the 
 grant passing the seal. 
 
 Where a bond bearing the 5.s. duty has been spoiled, by 
 reason of a fresh one having to be substituted, the Registrar 
 will mark it as a spoiled stamp, in order that the practitioner 
 may afterwards procure an allowance for the stamp in 
 the usual way.
 
 The Practitioner's Probate Man mil. 
 
 67 
 
 CHAPTER 8. 
 
 LETTERS OF ADMINISTRATION. 
 
 Wiikn the deceased has died without making a will, or 
 baying made a will it has been found to be invalid, or when 
 probate has been refused on account of the informality of 
 the execution of the will, a grant of letters of administra- 
 tion of the personal estate of the deceased will be made 
 to the person entitled thereto, according to the Statutes of 
 Distribution, see Table on page 178. 
 
 The relations of the deceased are entitled to the above 
 grant in the following order : — 
 
 Deceased Dies. 
 Married 
 
 A widower (or widow) 
 
 A widower (or widow) with- 
 out child ... 
 
 A bachelor (or spinster) ; or a 
 
 widower (or widow) without 
 
 child or other issue 
 A bachelor (or spinster) ; or a 
 
 widower (or widow) without 
 
 child or father 
 
 Grant made to (a) 
 
 The surviving husband or 
 
 wife. 
 The child or one or more 
 
 of the children. 
 
 The grandchild or one or 
 more of the grandchildren. 
 
 The father as next-of-kin. 
 
 The mother as only next-of- 
 kin. 
 
 (a) See also page 76 for filling up Oath 
 
 !■' 2
 
 08 
 
 The Practitioner's Probate Manual. 
 
 The brother or 
 
 next-of-kin. 
 
 sister as 
 
 The uncle or aunt, nephew 
 or niece as next-of-kin. 
 
 The cousin - german (first 
 cousin) as next-of-kin. 
 
 Deceased Dies. Grant made to. 
 
 A bachelor (or spinster) ; or a 
 widower (or widow) without 
 child or parent 
 
 A bachelor (or spinster) ; or a 
 widower (or widow) without 
 child or parent, brother or 
 sister 
 
 A bachelor (or spinster) ; or a 
 widower (or widow) without 
 child or parent, brother or 
 sister, uncle or aunt, nephew 
 or niece 
 
 A bachelor (or spinster) ; or a 
 
 widower (or widow) without 
 
 child or parent, brother or 
 
 sister, uncle or aunt, nephew 
 
 or niece, or cousin-german The cousin - german once 
 
 removed as next-of-kin. 
 
 A grant is made to the first next-of-kin of an intestate 
 who applies for it without the necessity of the other next-of- 
 kin renouncing. If so desired, there is no objection to two 
 or three of the next-of-kin joining in the grant, but a 
 grant will not be made to more than three except under 
 special circumstances. 
 
 It must be remembered that the term " next-of-kin " of 
 an intestate means those persons who were next-of-kin at 
 the death of an intestate. (The words " next-of-kin," applied 
 to the widow or husband, are erroneous.) 
 
 If the person or persons first entitled to a grant as next-of- 
 kin, die without taking it, or renounce their right to it, the
 
 The Practitioner's Probate Manual. (J!) 
 
 grant will go to one or more of the persons entitled in distri- 
 bution. If all the persons so entitled are dead (having survived 
 the deceased), the grant will go to the legal personal represen- 
 tatives (i.e., executor or administrator) of any one of them. 
 
 The probate or letters of administration constituting such 
 legal personal representative must be produced. If the 
 original grant is not available a copy of the Act of Probate 
 or Administration will be accepted. 
 
 The Court always prefers a living person entitled in 
 distribution to the representative of a dead next-of-kin. 
 
 On the renunciation and consent of all the next-of-kin and 
 the persons entitled in distribution to the personal estate of 
 the deceased the grant will be given to a creditor who must 
 give bond to pay the debts of the deceased pro rata. If 
 there are no known relations of the deceased the next-of-kin 
 must be cited before the grant will issue to the creditor. 
 
 .1 certificate of delay is required where application 
 is not made until tln-ee years have elapsed since the death 
 of intestate. (See p. 132.) 
 
 Fourteen clear days must elapse from the date of death 
 before a grant of administration can issue to the estate of an 
 intestate. In cases of great urgency this rule is waived by 
 an order of the Registrar upon tiling an affidavit, giving the 
 reasons why the grant is required immediately. The 
 Registrars are extremely reluctant to depart from the rule. 
 
 A bond [see p. 83] will be required to be given by the 
 administrator for his due administration of the estate. 
 
 Application may be made under ] (\fh Section of 
 the Finance Act, 1894, if the effects (real and personal) do 
 not exceed £500 without deduction of debts, and the 
 intestate died after the 1st August, 1894. The fees are 15s.
 
 70 The Practitioner' 8 Probate Manual. 
 
 only, with the addition of a stamp duty of Ms. if the effects 
 (exceeding £100) are under £;}00, and 50s. if under £500. 
 
 The papers necessary to lead grant of administration 
 are — the oath, the Inland Revenue affidavit and bond. 
 Tin 1 oath will be referred to and explained in the follow- 
 ing chapter. For instructions as to rilling np the Affidavit 
 for Inland Revenue, see Chapter -'5 ; and for preparing the 
 Bond, see page 84. 
 
 Administration during minority. I! here the next- 
 of-kin are minors (^i.e., above seven years of age), 
 they must elect as their guardian one of their next-of-kin 
 for the purpose of taking out a grant of administration 
 for their use and benefit. If the next-of-kin of the minors 
 renounce their guardianship, the minors may elect their next 
 friend. (For form of election, see p. 185.) 
 
 All the minors must join in the election unless any are 
 out of the United Kingdom, in which case the fact must be 
 stated in the form of election. If any of the minors refuse 
 to join in the election they must be cited. 
 
 If the minors have not any blood relation an application 
 must be made to the Queen's Proctor as to whether he will 
 interfere on behalf of the Crown, and his decision in writing 
 must be produced to the Registrar. 
 
 If the testamentary guardian of a minor apply for grant, 
 the probate of the will of the person appointing such 
 guardian must be produced. Administration will be granted 
 to one of two or more testamentary guardians on consent of 
 the other or others. 
 
 Where there are both minors and infants (under 
 seven years of age), the guardian elected by the minors 
 may act on behalf of the infants if the object be to take 
 a grant. If the object be to renounce a grant, the guardian
 
 TIw Practitioner' 8 Probate Manual 71 
 
 must be specially assigned to the infants by order of the 
 Judge or of a Registrar of the Principal Registry, and to 
 obtain this order it should be shown by affidavit that there 
 would be no advantage to the minors and infants in reserving 
 to them the right to administer on attaining the age of 21 
 years. 
 
 Where the next-of-kin are infants, a guardian 
 must be assigned (by Registrar's order) to take out adminis- 
 tration on their behalf. Rule 84 says : " In all cases of 
 infants {i.e., under the age of seven years), a guardian must 
 be assigned by order of the Judge or of one of the Registrars 
 of the Principal Registry ; the Registrar's order is to be 
 founded on an affidavit (see page 128) showing that the pro- 
 posed guardian is either de facto next-of-kin of the infants, or 
 that their next-of-kin de facto has renounced his or her right 
 to the guardianship, and is consenting to the assignment of 
 the proposed guardian and that such proposed guardian is 
 ready to undertake the guardianship." The affidavit referred 
 to should be headed " Principal Registry," and (if 
 application for grant is made in the District Registry) 
 the District Registrar will transmit it to the Principal 
 Registrars along with 4s. 6^/., the fees for the order. When 
 the District Registrar has received the order he will 
 transmit it to the practitioner, who will then prepare the 
 necessary papers, namely, the oath, Inland Revenue affidavit, 
 bond (and declaration if the effects are £20 and upwards), 
 and forward them to the Registry in the usual way. The 
 fee of 2s. 6(/. is charged for filing the Registrar's order, 
 and 2s. 6^/. for filing the declaration. 
 
 A guardian, as administrator, must file a declaration 
 on oath of the personal estate of the intestate in all cases, 
 except where the estate is under £20. (For form of declara- 
 tion, nee page 71).
 
 72 The Practitioner' a Probate Manual. 
 
 [Oath to lead grant of administration to the guardian of 
 minors and infants.~\ 
 
 |u the jpigjj (Tourt of justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the goods of HENRY BROWN, deceased. 
 
 I, ,1mik> Brown, of No. 20, John Street., in the City of Durham, spinster, make oath 
 and say, that Henry Brown, of the City of Durham, grocer, deceased, died on the 
 day of 18 at [having a fixed place of abode at 
 
 a widower, and intestate, leaving Mary Brown, spinster, John Henry Brown and 
 Ernest Brown, his natural and lawful and only children, and only next-of-kin, who 
 are now in their minority and infancy respectively, to wit, the said Mary Drown, 
 being a minor, of the age of 15 years only; the said John Henry Brown, being a 
 minor, of the age of ten years only ; and the said Ernest Brown, being an infant, of 
 the age of five years only. That there is no testamentary or other lawfully appointed 
 guardian of the said minors and infant, that 1 am the lawful aunt and only [or one of 
 the] next-of-kin of the said minors and infant, and that the said minors have, by an 
 instrument in writing bearing date the lttth day of January, 1884, elected or chosen 
 me to be their curatrix or guardian, for the purpose of taking out letters of adminis- 
 tration of the personal estate of the said intestate, to be granted to me for the use and 
 benefit of the said minors, and until one of them shall attain the age of 21 years; 
 that I will faithfully administer the personal estate of the said intestate for the use 
 and benefit of the said minors and infant, and until one of them shall attain the age 
 of 21 years, by paying his just debts and distributing the residue of his estate 
 according to law ; that I will exhibit a true and perfect inventory of the said estate, 
 and render a just and true account thereof whenever required by law so to do ; and 
 that the gross personal estate and effects of the said intestate is of the value of One 
 thousand three hundred and one pounds five shillings and nine pence, and no more, to 
 the best of my knowledge, information and belief. 
 
 Sworn, &c. 
 
 [Oath for mother of minors a Stat afar// Guardian — 
 Guardianship of Infants Act, 188(3.] 
 
 (Usual Hiading.) 
 
 I of widow, make oath and say that 
 
 of deceased, died on the day of 18 at 
 
 intestate, a widower without child, leaving spinster, and 
 
 his lawful grandchildren and only next-of-kin him surviving ; that the 
 said and are now in their minority, to wit, the Bald 
 
 being a minor of the age of years only, and the said 
 
 being a minor of the age of veins only ; that I am the natural and lawful mother 
 
 and the lawful guardian of the said and ; that I will faithfully 
 
 administer, etc. [and so on to the end as in preceding form].
 
 The Practitioner's Probate Ma mini. 73 
 
 \Oath for Guardian of Infant.] 
 
 (Usual Heading.) 
 
 I of make oath and say as follows :— 
 
 1. That of deceased, died on the day of 
 
 ih at intestate, a widower, leaving spinster, his natural 
 
 and lawful and only child, who is now in her infancy, to wit, of tho age of years 
 
 Only and under the age of seven years. 
 
 2. That there is no testamentary or other lawfully appointed guardian of the said 
 infant, 
 
 3. That I am the lawful grandfather and only next-of-kin of the said infant and 
 
 that I have been duly assigned her curator, or guardian, for the pm-pose of taking 
 letters of administration of the personal estate of the sail 1 deceased for the use and 
 
 benefit of th I said infant and until she shall attain the age of 21 years. 
 
 4. That 1 will faithfully administer the personal estate of the saiil deceased for the 
 use and benefit of tho said infant and until she shall attain the age of 21 years, by 
 paying, etc., etc. [as in preceding form to the end]. 
 
 The papers necessary are Election, Oath, Inland Revenue 
 Affidavit, Bond and Declaration (the latter, if the effects 
 amount to £20 and upwards). The fee of 2s. 6cl. each 
 is charged for filing the Election and Declaration. 
 
 Administration to the attorney of a person entitled to 
 administration resident out of England will be granted, 
 without notice to the other next-of-kin. The power of 
 attorney must be filed, and such power and the notarial 
 certificate and declaration annexed thereto are not liable 
 to stamp duty. If, however, the power refers to other 
 matters the Deed and the papers annexed thereto must 
 be stamped and a copy mil be accepted. The original Deed 
 must be produced and will be returned when the copy is 
 filed.
 
 ? I The Practitioner's Probate Manual. 
 
 The following is the form of oath : — 
 h\ the pigj) Court of Justice. 
 
 PROBATE, DIYOBOE AND ADMIRALTY DIVISION. 
 (l'RUBATK.) 
 THE REGISTRY. 
 
 IN the floods of deceased. 
 
 I, of make oath and say that 
 
 of in the of 
 
 deceased died on the day of 18 , at 
 
 intestate, a widower, leaving CD., his natural :hk1 lawful and only son and only next- 
 of-kin, who is now residing at in the of that 
 1 am the lawful attorney of the said and that 
 will faithfully administer the personal estate of the said deceased for the use 
 and benefit of the said 
 
 and until he Shall duly apply for and obtain letters of 
 
 administration Of the personal estate of the said deceased to he granted to h by 
 
 paying h just debts, and distributing the residue of the said estate according to 
 
 law; that will exhibit a true and perfect inventory of all and singular the said 
 
 estate and render a just and true account thereof whenever required by law so to do, 
 
 and that the j^ross personal estate and effects of the said deceased is of the value of 
 £ and no more, to the best of knowledge, information and belief. 
 
 Sworn by the above-named 
 
 at on the day 
 
 of 18 . 
 
 Before me A Commissioner for Oaths. 
 
 On an application for administration by an attorney a copy 
 of the account No. 1 annexed to the Inland Revenue affidavit 
 must be filed with the papers. 
 
 //' the next-of-kin of an intestate is a lunatic not so 
 found by inquisition, administration will be granted to the 
 next-of-kin of such lunatic for his use and benefit during 
 lunacy. The fact that the next-of-kin is a person of 
 unsound mind must be proved by affidavit {see page 129). 
 The following is the form of oath : — 
 
 (Usual Heading.) 
 I of make oath and say as follows ; — 
 
 1. The said of spinster, deceased, died on the day of 
 
 18 intestate, a spinster, leaving her natural and lawful 
 
 father and next-of-kin, her surviving. 
 
 2. That the said is now and has been for many years past a lunatic 
 or person of unsound mind. 
 
 :<. That no committee has been appointed of the personal estate of the said 
 
 the lunatic aforesaid, nor has any person been entrusted with the applica- 
 tion thereof under the Lunacy Act, 1890. 
 
 I. That I am the lawful wife of the said the lunatic aforesaid, and 
 
 that I will faithfully administer the personal estate of the said deceased for the use and 
 benefit of the said during his lunacy, by paying her just debts, etc. 
 
 [as in the preceding form to the end']. 
 
 The proposed administrator must file a declaration of the 
 personal estate of the deceased (page 133), and the sureties to 
 the bond must make an Affidavit of Justification (page 130).
 
 The Practitioner' 8 Probate Manual. 75 
 
 THE 
 
 
 REGISTRY. 
 
 deceased, 
 
 of 
 
 
 deceased died 
 
 at 
 
 
 and 
 
 
 that 
 
 will faithfully 
 
 CHAPTEK 9. 
 
 OATH FOE ADMINISTRATORS. 
 
 In order more particularly to describe the filling-up of 
 this form, it is given here at length, and the blanks will 
 be referred to numerically. 
 
 [Oath for Administrators.] 
 £u the D'tcjb (fourt of Justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 IN the goods of 
 
 (')I 
 make oath and say, that C) 
 on the day of 18 
 
 intestate ; (') and that I am ( 4 ) 
 
 administer the personal estate and effects of the said deceased by paying h just 
 
 debts, and distributing the residue of h estate and effects according to law ; 
 
 that will exhibit a true and perfect inventory of all and singular 
 
 the said estate and effects, and render a just and true account thereof whenever 
 required by law so to do ; and that the gross personal estate and effects of the said 
 deceased is of the value of and no more, to the best of knowledge, 
 
 information and belief. 
 Sworn at 
 
 on the day 
 
 of 18 
 
 Before me 
 
 A Commissioner for Oaths. 
 
 1. Here insert full Christian names and surnames of 
 administrator, with place of abode and occupation or 
 addition. {See page 12.) The relationship of the adminis- 
 trator to the intestate is not to be inserted here. 
 
 2. Here insert full Christian names and surname of 
 intestate, with place of residence and description at the time 
 of his death, and any former residence and description 
 necessary to identify him.
 
 76 
 
 The Practitioner's Probate Manual. 
 
 The status of ii femnlo should bo given as "widow," 
 "spinster," or "wife of ." 
 
 3 & 4. Particular attention must be paid to the filling-in 
 of these two blanks. No. 3 is intended for the insertion of 
 the words " a bachelor," or " spinster," " a widower," or 
 " widow," as the case may be, and showing that no relation 
 having a- prior right survived the intestate, or in case any 
 had survived that such relation had renounced or had since 
 died without having taken administration. 
 
 No. 4 must show the interests in which the administrator 
 claims to take the grant. The following description of such 
 interests as described in grants of administration will be 
 useful for reference : — 
 
 A husband 
 A wife 
 A father 
 
 A mother 
 
 A child 
 
 A brother or sister 
 
 A nephew or niece 
 
 .. "The lawful husband." 
 . . "The lawful widow and relict." 
 . " The natural and lawful father and 
 
 next-of-kin." 
 . . " The natural and lawful mother and 
 
 only next-of-kin." 
 . " The natural and lawful son [or 
 daughter] and only [or one of 
 the] next-of-kin." 
 . " The natural and lawful brother [or 
 sister]." 
 If there be no parents living, the brother 
 or sister is further to be described as " one of 
 the next-of-kin," or the "only next-of-kin." 
 
 . " The lawful nephew," and " one of 
 the " or " the only next-of-kin. " 
 If a brother or sister be living, and (he 
 nephew or niece, being the child of a brother 
 or sister of the intestate, who died in his 
 lifetime, apply for administration, he or she 
 is to be described as " one of the persons 
 entitled in distribution to the personal estate 
 of the deceased."
 
 The Practitioner* 8 Probate Manual. 77 
 
 A Grandparent, Grand- 
 child, consin-german, 
 
 etc. ... ... ..." The lawful and one of the next- 
 
 of-kin," or " only next-of-kin." 
 
 In order to illustrate these points (3 & 4) more fully, 
 a number of examples are given as follows : — 
 
 Wife dies in lifetime of Iter husband — Grant to 
 husband. — Deceased died intestate; (2) to be here de- 
 scribed as " wife of me, this deponent," (3) (here rule up 
 blank), and that I am (4) "the lawful husband of the said 
 intestate." 
 
 Wife dies in lifetime of Iter husband who is 
 
 since also dead — Grant to executors of husband. — 
 
 Deceased died intestate, (3) " leaving A. B., her lawful 
 
 husband, who has since died without having taken upon 
 
 himself letters of administration of her personal estate," 
 
 and that we are [or I am one of] (4) " the executors of the 
 
 will with a codicil thereto (if any) of the said A. B., I 
 
 having duly proved the same in this Division at the 
 
 Registry thereof on the day of , 18 ." 
 
 [Notii:. — One of two or more executors may apply, but adminis- 
 trators must apply jointly. The leading Grant or Copy Act 
 must lie produced. If the executor of the husband renounces, 
 grant will be given to the residuary legatee named in the will 
 of the husband.] 
 
 Wife survives — Grant to widow — Deceased died 
 intestate, (3) (here rule up blank), and that I am (4) "the 
 lawful widow and relict of the said intestate." 
 
 [Note. — The Registrar will in some cases granl administration to the 
 
 widow and one of the next-of-kin of the deceased if it can be 
 shown by affidavit that this course will be for the benefit of 
 the estate. The affidavit must be made by the widow, who 
 should slate thai she is aware of her riglil to grant solely. The 
 
 names of the beneficiaries should be given in the affidavit and 
 
 their consent to the grant must be obtained.]
 
 78 The Practitioner's Probate Manual. 
 
 Decease// dies intestate — Widow survives, but dies 
 without taking— Grant to son. — Deceased died intestate, 
 (3) "leaving A. />.. widow, his lawful widow and relict, who 
 has since died without having taken upon herself letters of 
 administration of his personal estate," and that I am (4) 
 " the natural and lawful son and only next-of-kin of the said 
 intestate." 
 
 On renunciation of widow — Grant to son. — 
 Deceas.'d died intestate, (3) "leaving C. D., widow, his 
 lawful widow and relict, who has duly renounced the letters 
 of administration of liis personal estate," and that I am (4) 
 " the natural and lawful son, and one of the next-of-kin of 
 the said intestate." 
 
 Deceased dies a widow — Grant to son. — Deceased 
 died intestate (3) " a widow," and that I am (4) " the 
 natural and lawful son and only (or " one of the ") next-of- 
 kin of the said intestate." 
 
 Deceased dies a widow [or widower~\ without child 
 or parent — Grant to brother. — Deceased died intestate, 
 (3) " a widow [or widower] without child or parent," and 
 that I am (4) " the natural and lawful brother, and one 
 of the next-of-kin of the said intestate." 
 
 Deceased dies a widow without child — Grant to 
 grandson. — Deceased died intestate, (3) " a widow without 
 child," and that I am (4) " the lawful grandson and one of 
 the next-of-kin of the said intestate." 
 
 Deceased died a widower — Grant to child. — Deceased 
 died intestate (3) " a widower " and that I am (4) " the 
 natural and lawful child and one of the next-of-kin of the 
 said deceased."
 
 The Practitioner 1 8 Probate Manual. 79 
 
 Deceased dies <i widower leaving <> child, who has 
 since died — Grant to grandson (son of a deceased 
 daughter), one of the persons entitled in distribution — 
 
 Deceased died intestate, (3) "a widower, leaving A. B., 
 spinster, his natural and lawful daughter and only next-of- 
 kin, who has since died without having taken upon herself 
 letters of administration of his personal estate," and that I 
 am (4) " the lawful grandson and one of the persons entitled 
 in distribution to the personal estate of the said intestate, 
 being the natural and lawful son of C. D., widow, the 
 natural and lawful daughter also of the said intestate and 
 who died in his lifetime, to wit on the 
 day of , 18 
 
 Deceased dies a bachelor [or spinster'] — Grant to 
 father. — Deceased died intestate, (3) " a bachelor [or 
 spinster,"] and that I am (4) "the natural and lawful 
 father and next-of-kin of the said intestate." 
 
 Deceased dies a widower without child [or bachelor] 
 — Grant to representative of father. — Deceased died 
 intestate, (3) " a widower without child [or a bachelor] 
 leaving A. B., his natural and lawful father and next-of-kin, 
 who has since died without having taken upon himself letters 
 of administration of the personal estate of the said intestate," 
 and that I am (4) " the administrator of the personal 
 estate of the said A. B., letters of administration of his 
 personal estate having been granted to me by this Division 
 at the Registry thereof on the day 
 
 of , 18 
 
 Deceased dies a bachelor [or spinster] without father 
 — Grant to mother. — Deceased died intestate, (3) " a 
 bachelor [or spinster] without father," and that I am (4) 
 "the natural and lawful mother and only next-of-kin of the 
 said intestate."
 
 80 The Practitioner' 8 Probate Manual. 
 
 Deceased dies a bachelor or spinster — Father 
 renounces and consents — Grant to his son or daughter. 
 — Deceased died intestate, (3), "a bachelor leaving A. li., 
 his natural and lawful father and next-of-kin, who has 
 duly renounced the letters of administration of his personal 
 estate and consented to the same being granted to me," and 
 that I am (4) " the natural and lawful son [or daughter] of 
 the said A.JB." 
 
 Deceased died a spinster without father Grant to 
 brother on renunciation of mother. — Deceased died in- 
 testate (3) " a spinster without lather leaving 
 widow, her natural and lawful mother and only next-of-kin, 
 who has duly renounced letters of administration of the 
 personal estate of the said intestate," and that I am (4) " the 
 natural and lawful brother of the said deceased." 
 
 Deceased died a bachelor without father leaving 
 mother since also dead — Grant to brother. — Deceased 
 died intestate (3) " a bachelor without father, leaving 
 widow, his natural and lawful mother and 
 only next-of-kin, who is since dead without having taken 
 upon herself letters of administration of the personal est ale 
 and effects of the said intestate," and that I am (4) " the 
 natural and lawful brother of the said deceased." 
 
 Deceased died a bachelor [or spinster] without parent 
 
 —Grant to brother. — Deceased died intestate (3) " a 
 
 bachelor [or spinster] without parent," that I am (4) "the 
 
 natural and lawful brother and one of the next-of-kin of 
 
 the said deceased." 
 
 Deceased dies a, bachelor, without parent, brother or 
 sister — Grant to nephew (or niece, or uncle, or aunt). 
 — Deceased died intestate, (3) " a bachelor, without parent, 
 brother or sister," and that I am (4) the " lawful [nephew] 
 and one of the next-of-kin of the said intestate."
 
 The Practitioner's Probate Manual. 81 
 
 Deceased dies a widow , without child or parent — 
 On renunciation of brother or sister — Grant to one of 
 persons entitled in distribution. — Deceased died intestate, 
 (3) " a widow without child or parent, leaving A. B. 
 [widow] her natural and lawful [sister] and only next-of-kin, 
 who has duly renounced the letters of administration of her 
 personal estate," and that I am (4) " the lawful niece, and 
 one of the persons entitled in distribution to the personal 
 estate of the said intestate, being the natural and lawful 
 daughter of C. D., widow, the natural and lawful sister also 
 of the said intestate, and who died in her lifetime, to wit 
 on the day of ,18 
 
 Deceased, dies leaving widow and children all since 
 deceased — Grant to administrator of one of them. — 
 Deceased died intestate, (3) " leaving A. B., his lawful widow 
 and relict, and C. D. and E. R, spinster, his natural and lawful 
 children and only next-of-kin, and together the only persons 
 entitled in distribution to his personal estate, who have all 
 since died without having taken upon themselves letters of 
 administration of the personal estate of the said intestate," 
 and that I am (4) " the administrator of the personal 
 estate of the said A. B. [or C. B., or E. F.], letters of 
 administration of the personal estate of the said 
 having been granted to me by this Division at the 
 Registry thereof , on the day of ,18 ." 
 
 Deceased dies a widower without child [or bachelor] 
 or parent, brother or sister, uncle or aunt, nephew 
 or niece — Grant to cousin-german. — Deceased died in- 
 testate, (3) " a widower without child or parent [or bachelor 
 without parent], brother or sister, uncle or aunt, nephew or 
 niece," and that I am (4) "the lawful cousin-german and 
 
 one of the next-of-kin of the said intestate" 
 
 G
 
 82 The Practitioner' 8 Probate Manual. 
 
 Deceased dies a bachelor without parent, brother or 
 sister, nnele or mint, nephew or niece, or consin-gcrman 
 — Grant to first cousin once removed. — Deceased died 
 intestate (3) " a bachelor without parent, brother or sister, 
 uncle or aunt, nephew or niece, or cousin -gerrnan," and thai 
 I am (4) " the lawful first cousin once removed and only 
 next-of-kin of the said deceased." 
 
 Deceased dies leaving husband an undischarged 
 bankrupt — He renounces — Grant to Official Receiver in 
 
 Bankruptcy. — Deceased died intestate, (3), "leaving the 
 said E. F, her lawful husband, her surviving ; that the said 
 E. F. has duly renounced letters of administration of her 
 personal estate and effects ; that the said E. F. was on 
 the day of ,189 
 
 adjudicated a bankrupt on a Receiving Order, dated the 
 day of , 189 , of the 
 
 County Court of holden at ; 
 
 that no order for his discharge has yet been made, (4) and 
 that I am the trustee of the estate of the said E. F, as such 
 Official Receiver as aforesaid." 
 
 Deceased died a widower [or bachelor] without child 
 or parent — On renunciation of next-of-kin grant to 
 creditor. — Deceased died intestate (3) " a widower without 
 child or parent [or bachelor without parent] leaving 
 widow, his natural and lawful sister and only next-of-kin and 
 the only person entitled in distribution to his personal estate, 
 who has duly renounced letters of administration of his said 
 personal estate," and that I am (4) " a creditor of the said 
 deceased." 
 
 For instructions as to filling up of remaining blanks, see 
 Chapter 2. 
 
 Affidavit for Inland Revenue, see Chapter 3.
 
 Tin' Practitioner's Probate Manual. 83 
 
 BOND {Intestacy. 
 
 NOW All Men by these Presents, That We 
 
 K 
 
 arc jointly and severally bound onto The Right Honourable, 
 
 the President of the Probate Division uf the High 
 
 Oonrtof Justice, in the Sum of Pounds, 
 
 of good and lawful M oney of Ghreat Britain, to be paid to the said 
 
 or to the Judge of the Probate Division of the Baid 
 Court for the time being, for which payment well and truly (o 
 be made we bind ourselves and of us, for the 
 
 Whole, our Heirs, Executors, ami Administrators, firmly by 
 
 these Presents. Sealed with our Seals. Dated the 
 
 day of in the Year of our Lord 
 
 One Thousand Eight Hundred and 
 
 The Condition of this Obligation is such, that if the above-named 
 
 the (4) of (name) of {address and description) 
 
 deceased, who died on the day of 18 , 
 
 and the intended Administrator of the Personal Estate and Effects of the said Deceased 
 (5) 
 
 do, when lawfully called on in that behalf, make, or cause to be made, a true and 
 perfect Inventory of all and singular the Personal Estate and effects of the said 
 deceased which have or shall come to 
 
 hands, possession, or knowledge, or into the hands and possession of 
 any other person for , and the same so made to exhibit, or cause to be 
 
 exhibited, into the District Registry attached to the Probate Division of }\vv Majesty's 
 High Court of Justice at , whenever required by law so to do. 
 
 And the same Personal Estate and effects, and all other the Personal Estate and 
 effects of the said deceased at the time of death, which at any time after 
 
 shall come to the hands or possession of the said 
 
 or into the hands or 
 
 possession of any other person or persons for , do well and truly administer 
 
 according to Law (that is to say) do pay the debts to which did ou e a1 
 
 decease; And further do make, or cause to be made, a just and true 
 account of said administration, whenever required by law so to do, 
 
 and all the rest and residue of the said Personal Estate and effects do deliver and pay 
 unto such Person or Persons as shall be entitled thereto, under an Act of Parliament 
 intituled " A» Art fm- the better Settling of Intestate Estates." And if it shall hereafter 
 appear that any last will and testament was made by the said deceased, and the 
 executor or executors or other persons therein named do exhibit the same into the 
 Probate Division of the said Court, making request to have it allowed and approved 
 accordingly, if the said being thereunto required, to render and 
 
 deliver the letters of administration granted (approbation of such 
 
 Testament being first had and made) into t lie Probate Division of the said < ourt, then 
 this obligation to be void and of none effect, or else to remain in full force and virtue. 
 
 Signed, sealed, and delivered 
 by the within named in 
 the presence of 
 
 A Commissioner for Oaths. 
 
 G2
 
 84 T/ir Practitioner' 8 Probate Manual. 
 
 The foregoing form of bond is used in all cases of 
 ordinary administration. 
 
 The description of the proposed administrator's interest 
 and the name, address and description and date of death of 
 the deceased are held to be material to the Bond. 
 
 Examples of the special wording for the blank marked (4) 
 
 showing the interest of the person taking the grant are here 
 
 given. It will be observed that the words follow closely the 
 
 form of the oath. 
 
 (4) ''The lawful widow and relicl of A. B., etc." 
 
 (4) "The natural and lawful BOn and one of the next-of-kin 
 of A. B., etc." 
 
 (4) "The administrator of the personal estate of C. B. t 
 deceased, the lawful husband of A. B.. ete." 
 
 (4) "The natural and lawful mother and the lawful guardian 
 of and ininois, the lawful 
 
 grandchildren and the only next-of-kin of A. />'., etc." 
 
 (4) "The lawful uncle and the curator or guardian duly 
 elected of D. B., a minor, the natural and lawful son 
 and only next-of-kin of A. B., etc." 
 
 (4) "The lawful attorney duly appointed of C. B., the natural 
 and lawful brother and only next-of-kin of .4. B., etc." 
 
 (4) " The lawful wife of F. B., a lunatic or person of unsound 
 mind, the natural and lawful father and next-of-kin of 
 A. B., etc." 
 
 The blank space at (5) is for use in the case of grant to 
 a guardian, or an attorney, or to the next-of-kin of a lunatic, 
 or in a grant de bonis non. For example : — 
 
 Grant t<> guardian. — (5) " For the use and benefit of the said 
 minor and until he shall attain the age of twenty-one 
 years." 
 
 Grant to attorney. — (5) " For the use and benefil of the said 
 C. B., and until he shall duly apply for and obtain 
 letters of administration of the personal estate of the 
 said deceased to be granted to him."
 
 The Practitioner $ Probate Manual. 85 
 
 Grant t<> next-of-kin of a lunatic. — (5) "For the use and 
 benefit of the said F. li. during his lunacy." 
 
 Grant de bonis >k»i. — (5) " Left unadministered by C. B., 
 
 widow, deceased, whilst living the lawful widow and 
 relict of the said deceased." 
 
 The instructions given in Chapter 7 as to the sureties, the 
 penalty and the execution of a bond for administration (will) 
 are applicable to a bond in an intestacy.
 
 86 The Practitioner's Probate Manual. 
 
 CHAPTER 10. 
 
 WILLS OF HARMED WOMEN. 
 
 On and after the 19th April, 1887, to establish a claim 
 for a grant of probate of the Will or of Letters of Adminis- 
 tration with Will annexed of the personal estate of a 
 Married Woman or of a Widow whose Will was made 
 during coverture, it will be unnecessary to recite in the oath 
 the power in execution of which the Will has been made, 
 or to set out the separate Personal Estate passing under 
 the Will, or, in fact, to allege that the testatrix was 
 possessed of any separate Personal Estate. The Grant will 
 be made in respect of the whole personal property of the 
 testatrix, and take the form of ordinary grants of probate 
 and letters of administration with Will annexed, and will 
 issue to executors or residuary legatees, as the case may 
 be, and, in the event of a partial intestacy, to the surviving 
 husband. As there will not in future be any limitation or 
 specialty in the grants to be issued, there will no longer 
 be any necessity for the settlement of draft oaths. The 
 new rules are not applicable to cases in which any 
 second or subsequent grant is required to complete a 
 representation where a limited or special grant has already 
 issued. 
 
 The ordinary oath for executors (Chapter 2) and for 
 Administrators with the Will annexed (Chapter 6) will now 
 be used.
 
 The Practitioner's Probate Manual. 87 
 
 CHAPTER 11. 
 
 DOUBLE PROBATE. 
 
 Where power has been reserved in an original grant of 
 probate to one or more of the executors to come in after- 
 wards and prove, and it becomes necessary that such 
 executors, or either of them to whom power has been 
 reserved, should join in the administration of the estate, 
 the Court will make a grant of Double Probate to such 
 executors for that purpose. 
 
 The grant may iu all cases be taken in the Principal 
 Registry. 
 
 The papers required are the oath and Inland Revenue 
 
 affidavit. 
 
 [Form of Oath for Double Probate.] 
 
 |n tbe |)tglj Court of fusticc. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 THE REGISTRY. 
 
 IN the goods of deceased. 
 
 I of (trade) make oath and say as follows : - 
 
 1. That of (trade), deceased, died on 
 the day of , 18 , at , [having 
 at the time of his death a lixed place of abode at aforesaid, within 
 the district of the county of J, and having made and duly executed 
 his last will and testament bearing date the day of 
 
 18 and thereof appointed his (relationship if any) and hi* (relationship if any) 
 executors. 
 
 2. That in the month i >f 18 the said one of 
 the said executors, proved the said will in this Division at the Registry 
 thereof, power being reserved of making the like grant to me the said 
 
 the other executor, when I should apply for the same. 
 
 :i. That, I believe the paper writing hereto annexed and markedby nu to contain tin trui 
 and original last will and tettament for, if sworn upon the first grant, " the parchment 
 exhibit hereunto annexed, partly written and partly printed, to contain the true last 
 will and testament " I [or, if sworn upon ;n i office copy, under seal, "the paper writing 
 hereunto annexed to contain the true lust will and testament " | of the said 
 deceased ; thai I am one of the executors named in the said will, and that I will well 
 and faithfully 1 administer the personal estate of the said testator, by paying his just 
 debts and the legacies contained in his said will, so far as the same shall thereto extend 
 and the law hind me. That T will exhibit a true and perfect inventory of the said 
 estate, and render a just anil true account thereof whenever required by law so to do, 
 and that the grOSS value of the unudniinislered personal estate of the said testator 
 amounts to & and no more, to the best of my knowledge. 
 
 information and belief. 
 
 Sworn, &e.
 
 88 The Practitioner 1 s Probate Manual. 
 
 If power lias 1 n reserved to mi executor, who at the date 
 
 of the first grant was shown to be a minor, the oath should 
 statf that lie has attained tlie age of 21 years. 
 
 For Affidavits of Inland Revenue, see Chapter 3, and as 
 to the free mark on the Affidavit, see page 38. 
 
 When the oath and affidavit are ready to be sworn to, 
 the parties will attend at the Registry and be sworn upon 
 the original will. If it is inconvenient for the parties to 
 attend at the Registry for that purpose, they may be sworn 
 upon the original grant of probate, or an offiee copy (under 
 seal) of the will. Such original grant or office copy will 
 have to be filed with the other papers in the Registry, and 
 will not be delivered out. 
 
 The fee of Is. is charged for looking up the original 
 will, and 2s. 6d. for filing the grant or office copy under 
 seal. 
 
 In the Principal Registry the engrossment must be made 
 by the practitioner; such engrossment should not contain 
 the Act of the first grant. 
 
 In the District Registry the engrossment is made in 
 the Registry, and a charge of 4s. 6d. for the first three 
 folios, and Is. 6d. for every additional folio, is made for 
 engrossing and collating. 
 
 The fee of 2s. 6d. is also charged for making the usual 
 notations on the records. 
 
 No search fee is payable. 
 
 An office copy of the act of the first grant must be 
 obtained and lodged with the papers. 
 
 The grant is in general terms, and is applicable to the 
 whole personal estate of the testator, but the amount of 
 the assets in the Oath and Inland Revenue affidavit, should 
 only be that of the unadministered personal estate.
 
 The Practitioner' 8 Probate Manual. 
 
 89 
 
 The seal fees, if no stamp duty is payable, are as 
 follows : — 
 
 Personal estate under the value of : — 
 
 
 s. 
 
 d. 
 
 £100 
 
 1 
 
 
 
 £200 
 
 3 
 
 
 
 £300 
 
 7 
 
 6 
 
 £450 
 
 12 
 
 
 
 Above £450 
 
 12 
 
 6
 
 !)() The Practitioner'* Probate Manual. 
 
 CHAPTER 12. 
 
 CESSATE GRANTS. 
 
 When an executor has been appointed for life, or for a 
 definite period, and his grant of probate, by reason of his 
 death or otherwise, ceases to be operative ; or when any grant 
 of administration, limited in duration, ceases, it becomes 
 necessary that the estate should be represented, and the Court 
 will make a second or supplemental (or as it is usually 
 termed " Cessate ") grant of probate or administration to 
 the person or persons next entitled to it. 
 
 PEOBATE. 
 [Oath for cessate probate to a substituted executor.] 
 |n the pig|j Court of justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION'. 
 (PROBATE.) 
 THE REGISTRY. 
 
 IN the goods of deceased, 
 
 I, of (trade) , make oath and say that 
 
 of (trade), deceased, died on the 
 
 day of 18 , at having made and duly executed 
 
 his last will and testament, bearing date the day of 
 
 18 , and thereof appointed his son executor for life, and at his 
 
 said son's decease substituted his nephew (me the deponent) executor. 
 
 And I further makeoath, that on the day of 18 , 
 
 the said duly proved the said Will in this Division at the 
 
 i v thereof, and is since dead, to wit, on the day of 
 
 is , whereby the said probate has ceased and expired : 
 
 And I further make oath, that I believe the parchment exhibit hereunto annexed 
 partly written and partly printed and marked by me, to contain the said last will and 
 testament of the said testator, of which probate was granted as aforesaid ; that I am 
 the nephew of the said testator, and the executor substituted in his said will, and 
 that I will well and faithfully administer the personal estate of the said testator by 
 paying his just debt.- and the legacies contained in his said will so far as the 
 same shall thereto extend and the law bind me ; that I will exhibit a true and perfect 
 inventory of the said estate and render a just and true account thereof whenever
 
 The Practitioner's Probate Manual. 91 
 
 required by law so to do ; [thtit tho said testator had at the time of his death a fixed 
 place of abode at aforesaid, within tin; district of the county of 
 
 ] and that the gross value of the whole of the unadministered 
 personal estate of the said testator is of the value of £ and no more, to the best of my 
 knowledge, information and belief. 
 Sworn, &c. 
 
 The papers required are the oath and affidavit for Inland 
 Revenue and office copy act of the first grant. 
 
 For affidavit for Inland Revenue, see Chapter 3, and for 
 instructions as to duty paid stamp on such affidavit, see 
 page 38. 
 
 The Procedure is the same as in the case of a Double 
 Probate. (See Chapter 11.) The fees are also the same. 
 
 ADMINISTRATION (WILL). 
 
 When a grant of administration (with the will) has been 
 made to a guardian for the use and benefit of a minor 
 executor, and such grant has ceased by reason of the minor 
 attaining 21, or the death of the guardian, the executor 
 being still a minor, a further grant will be made to the 
 executor, or to his newly-elected guardian as the case may be. 
 
 [Form of Oath for Cessate Administration, Will.} 
 $n ibe $igb (Court of justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 THE REGISTRY. 
 
 IN the goods of deceased. 
 
 I, of (trade) make oath and say that of 
 
 deceased, died on the day of 18 , at having 
 
 made mid duly executed his last will and testament, bearing date the day of 
 
 18 , and by his said will appointed his son sole executor, 
 
 the said being then a minor of the age of 
 
 years only. 
 
 And I farther make oath and say, that on the day of is , 
 
 administration (with the said will annexed) of the personal estate of the said 
 testator was granted by this Division at the Registry thereof to 
 
 the lawful uncle, and one of the next-of-kin, and the curator or guardian duly elected 
 of the said minor for his use and benefit, and until he should attain the age 01 HI years. 
 And I further make oath and say, that since the premises, to wit, on the day 
 
 of 18 ,the said has departed this life, whereby the 
 
 said administration with the said will annexed has ceased and expired. 
 
 And I further make oath and say that the said is still in his minority, 
 
 to wit, a minor of the age of years only.
 
 \)2 '/'//<■ Practitioner's Probate JJamutl. 
 
 Ami I farther make oath and say that I believe the paper writing hereto annexed 
 and marked bj me to contain the true [ and original | last will and testament of the said 
 testator; that I am the lawful uncle also and one of the next-of-kin of the said minor, 
 
 anil that lie hath elected or Chosen me to he bis curator or guardian lor tin; purpose of 
 taking out letters of administration (with the said will annexed) of the personal ''state 
 of the said testator Eor ins use and benefit, and until he shall attain the age of 21 years, 
 
 and that I will well and faithfully administer the personal estate Of the Said testator 
 
 for the use and benefit of tin said minor, and until he shall attain the age of 21 years, 
 by paying his just debts and the Legacies contained in his said will, and distributing 
 
 the residue of his estate according to law; that I will exhibit a true and perfect 
 inventory of nil ami singular the said estate, and render a just and true account thereof 
 whenever required by law so to do; [that the said testator had at the time of his 
 death a fixed place of abode at aforesaid within the district of the 
 
 COUntyof ], and that the gross value of the whole of the unadministered 
 
 personal estate of the said testator is [ exact i/ross amount] and no more, to the hest of 
 my knowledge, information and belief. 
 Sworn, &c. 
 
 The papers required are the Oath, Inland Revenue 
 Affidavit Bond, and Office copy act of first grant. 
 For Affidavit of Inland Revenue, see Chapter 3. 
 Bond, see Chapter 7. 
 For Procedure, see Chapter 11. 
 For Duty-paid Stamp on Affidavit, see page 38. 
 
 ADMINISTRATIONS. (CESSATE.) 
 
 The two most usual forms of cessate grants of administra- 
 tion are made under the following circumstances, viz. : — 
 
 (1) Where a grant made to a guardian elected by the 
 minor next-of-kin of an intestate ceases on the death of 
 such guardian, such next-of-kin being then still in their 
 minority, it becomes necessary that another grant of 
 administration should be made to a newly elected guardian. 
 The form given on the preceding page, drawn in conjunction 
 with the framework of the form given below, will meet this 
 case. 
 
 (2) Where a grant made to a guardian elected by a 
 minor next-of-kin of an intestate, ceases by reason of the 
 minor having attained his majority. The form of oath 
 applicable to this case is here given.
 
 The Practitioner 1 8 Probate Manual. 93 
 
 (Form of Oath.) 
 Ju the fjigh Court of justice. 
 
 PROBATE, DrVOEOB AND ADMIKAI/I'V DIVISION. 
 (PROBATE.) 
 TDK REGISTRY. 
 
 IN the goods of deceased. 
 
 I, of (trade), make oath and say that 
 
 of (trade), deceased, died on the day of 18 , 
 
 at , a widower and intestate ; that in the month of 
 
 18 , letters of administration of the personal estate of the said intestate were granted 
 by this Division at the Registry thereof, to , the lawful (relationship) 
 
 and one of the next-of-kin, and the curator or guardian lawfully elected of me the 
 deponent, (then n minor), the natural and lawful and only Child and only next-of-kin of 
 the said intestate, for my use and benefit, and until I shonld attain the age of 21 years. 
 
 And I further make oath. and say, that since the premises, to wit, on the 
 day of , 18 , [, this deponent, have attained the age of 21 years, whereby 
 
 the said letters of administration have ceased and expired. 
 
 And I further make oath and say, that I am the natural and lawful son, and only 
 next-of-kin of the said intestate ; that I will faithfully administer the personal estate 
 of the said intestate by paying his just debts, and distributing the residue of his said 
 estate according to law ; that I will exhibit a true anil perfect inventory of the said 
 estate, and render a just, and true account thereof whenever required by law so to do ; 
 and that the gross unadministered personal estate of the said intestate is of the value 
 nt' [exact grott amount], and no more, to the best of my knowledge, information and 
 belief. 
 
 Sworn, Ac. 
 
 The papers required are Oath, Affidavit for Inland 
 Revenue, Bond and Office copy act of first grant. 
 
 For Affidavit for Inland Revenue, see Chapter 3, and as to 
 the duty paid stamp, see page 38. 
 
 Bond, see page 83. 
 
 The seal fees where no stamp duty has been paid are as 
 follows : — 
 
 If the personal estate is under the value of- 
 
 £100 
 
 £200 
 
 £300 
 
 Above £300 
 
 s. 
 
 d. 
 
 1 
 
 
 
 4 
 
 G 
 
 12 
 
 
 
 12 
 
 G
 
 The Practitioner's Probate Manual. 
 
 CHAPTEE 13. 
 
 GRANTS DE BONIS NON. 
 
 ADMINISTRATION (WITH THE WILL) 
 DE HON IS NON. 
 
 WriERE Probate of a will has been granted to the 
 executors named therein, and such executors have since 
 died (the survivor intestate), leaving part of the estate 
 uuadministered, the Court will make a grant of adminis- 
 tration (with the will annexed) of such unadministered 
 estate to the residuary legatee or other person entitled 
 thereto. [See Chapter 5.) It will, of course, be understood 
 that all persons having a right prior to that of the 
 applicant for the grant must be cleared off in the usual 
 way. 
 
 The proposed Administrator may attend at the Registry 
 and be sworn upon the original will or may be sworn upon 
 the first grant or upon a sealed copy of the will. An office 
 copy of the Act of the first grant must be lodged with the 
 papers. The engrossment of the will should not contain the 
 Act of the first grant. 
 
 The grant issues in respect of the unadministered assets, 
 and these assets only must be brought into the Affidavit for 
 Inland Revenue and the gross amount thereof given in the 
 oath. 
 
 The papers required are the Oath, Inland Revenue 
 Affidavit and Bond.
 
 The Practitioner* 8 Probate Manual. 95 
 
 [Form of oath to lead grant of administration (trill) de bonis 
 non to residuary legatee^] 
 
 fit the tfngb (fourt of Justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the goods ol deceased, 
 
 [, iif widow, make oath and sayas 
 
 till lows : — 
 
 1. That of (trade), deceased, died 
 on the day of Is , at 
 
 having at the time of his death a fixed place of abode at aforesaid, 
 
 within th^ district of tin" county of J, and having made and duly 
 
 executed ins last will and testament, and thereof appointed hit ton, sole 
 
 executor. 
 
 2. That in month of Is , the said duly 
 proved the said will in this Division at the Registry thereof, 
 imd for some time intermeddled in the personal estate of the said testator and after- 
 wards died, to wit, on the day of 18 .intestate, 
 leaving part thereof unudministered. 
 
 3. That I believe the [paper] writing hereto annexed and marked by me to contain 
 the true [and original] last will and testament, of the said testator; that I am the 
 relict of the said testator and the residuary legatee named in the said will ; and 
 that I will well and faithfully administer the personal estate of the said testator 
 left unadministered as aforesaid, by paying ins just debts and the legacies contained in 
 bis said will, and distributing the residue of his estate according to law: that I will 
 exhibit a line and perfect inventory of the said estate so left unadministered as 
 aforesaid, and render a just and true account thereof whenever required by law bo to 
 do, and that the gross value of the whole of the personal estate of the said testator 
 left unadministered as aforesaid, is [insert exact gross value of estate left unadministered I, 
 and no more, to the best of my knowledge, information and belief. 
 
 Sworn, &c. 
 
 [Grant to representative of sole executor and sole residuary 
 legatee.^ 
 
 (Usual Heading.) 
 
 , make oath and say as billows: — 
 , deceased, died <m the 
 
 , having made and duly executed 
 his last will and testament, and thereof appointed his daughter 
 (spinster), sole executrix and sole residuary legatee. 
 
 2. That in the month of 18 , the said duly 
 
 proved the said will in this Division at the Registry thereof, and 
 
 for some time intermeddled in the personal estate of the said testator, and afterwards 
 died, to wit, on the day of 18 , intestate, leaving part 
 
 thereof unadministered. 
 
 I, 
 
 of 
 
 
 1. That 
 
 
 of 
 
 day of 
 
 is 
 
 , at
 
 96 The Practitioner* 8 Probate Manual. 
 
 .'t. Thai i : k t ■ i the administrator of the personal estate of the said 
 deceased, letters od administration of her personal estate having been granted to me 
 by this Division at the Registry thereof on the day of 
 
 L8 . 
 
 I. That I believe tho [paper | writing hereto annexed and marked by me to 
 contain the true last will and testament of the said testator •, that I will well and faith- 
 fully administer, etc. [and $o on to end at in preceding form"]' 
 
 [N.li. The leading grant must be produced. | 
 
 [Gran t to residuary legatee on death of residuary legatee 
 for life.'] 
 
 (Usual Hkading.) 
 
 I, of , nmko oath and say as follows :— 
 
 1. That of deceased, died on the 
 
 day of 18 , having made and duly executed his last will and 
 
 testament and thereof appointed his wife, widow, sole executrix 
 
 and residuary legatee for life. 
 
 2. That in the month of 18 , the said duly 
 proved the said will in this Division at the Registry thereof, and for 
 some time intermeddled in the personal estate of the said testator and afterwards died, 
 to wit, on the day of 18 , intestate, leaving part 
 thorec if unadministered. 
 
 3. That I am the lawful daughter of the said testator and one of the residuary 
 legatees substituted in his said will. 
 
 4. That I believe the [paper] writing, &c. [and so on as in preceding form.] 
 
 [Oath for legatee for life on renunciation of representative 
 of residuary legatee. .] 
 
 (Usual Heading.) 
 
 I, of make oath and say as follows : — 
 
 1. That of deceased, diid 'in 
 the day of 18 , at , 
 having made and duly executed his last will and testament, and did thereby appoint 
 his brothers and executors, who duly proved the said 
 will in this Division at the Registry thereof, in the month 
 of 18 . 
 
 2. That the said and for some time inter- 
 meddled in the personal estate of the said testator, and are both since dead, leaving 
 part of the said estate unadministered. 
 
 .'i. That the said survived his said co-executor and died on 
 
 the day of 18 .intestate. 
 
 4. That the said testator appointed his sole residuary legatee, 
 
 who survived the said testator and died on the day of 
 18 , intestate.
 
 The Practitioner' & Probate Manual. \)~ 
 
 5. That in the month of in , letters of administration of 
 
 the personal estate of the said deceased, were granted by this Division 
 
 at the Registry thereof , to his lawful widow and relict, 
 
 who has duly renounced Letters of administration (with the said will annexed) of the 
 personal estate of the said testator, left anadministered as aforesaid, 
 
 C. That I believe the : paper writing hereto annexed and marked by me to ( tain 
 
 the true last will and testament of the said deceased, 
 
 7. That I am the lawful niece and B legatee for life named in the said will ; that 1 
 will well and faithfully administer, etc., etc. [<is in preceding form], 
 [N.B. — The grant to the renunciant must he produced. J 
 
 For Affidavit for Inland Revenue, see Chapter <3, and as to 
 duty-paid stamp on such Affidavit, see page 38. 
 Bond, see Chapter 7. 
 
 The seal fees payable, if no stamp duty lias been paid, are 
 as follows : — 
 
 If the personal estate is under the value of — 
 
 £100 
 
 £200 
 
 £300 
 
 £450 
 
 Above £450 12 6 
 
 ADMINISTRATIONS DE BONIS NON. 
 
 When a person to whom a grant of administration has 
 been made dies, leaving part of the estate unadministered, 
 the Court will make a grant of administration to any one 
 or more of the surviving next-of-kin, or, failing them, to 
 any one or more of other persons entitled in distribution. 
 All prior rights to that of the applicant for the grant 
 must be cleared off. 
 
 Grant will issue to the representative of ;i deceased next-of- 
 kin, or of a person entitled in distribution, if all the living 
 next-of-kin, or persons entitled, are dead or renounce. 
 
 The papers required are the Oath, Inland Revenue 
 Affidavit, Bond and office copy Aof of first Grant. 
 
 s. 
 
 <i. 
 
 1 
 
 
 
 3 
 
 
 
 7 
 
 6 
 
 12 
 

 
 98 The Practitioner's Probate Manual. 
 
 \_Oath to trad grant of at/ministration de bonis non to 
 the son of intestate!] 
 
 $ht thr iJliqb (Court of lustier. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY 
 
 IN the goods of deceased. 
 
 I, of (trade I 
 
 make oath and say: — 
 
 1. That of (trade) 
 deceased, died on the day of 18 , at , 
 intestate ; Unit in the montli of 18 , letters of administration of the 
 personal estate of the said intestate were, by the authority of this Division at the 
 
 Registry thereof granted to hit lawful widow and relict, 
 
 who for some time intermeddled in the said personal estate, and afterwards died, to 
 wit, on the day of , IS , leaving part thereof 
 
 unadministered. 
 
 2. That I am the natural and lawful son and one of the next-of-kin of the said 
 intestate ; that I will faithfully administer the personal estate of the said intestate left 
 unadministered as aforesaid, by paying his just debts and distributing the residue of 
 his said estate according to law ; that I will exhibit a true and perfect inventory of 
 the said estate, and render a just and true account thereof whenever required by law 
 so to do; and that the gross value of the whole "of the personal estate of the said 
 intestate left unadministered as aforesaid is (insert exact gross value of unadministered 
 estate) and no more, to the best of my knowledge, information and belief. 
 
 Sworn, Ac, 
 
 [Oat// for (/rant to other next-of-kin. ] 
 
 (Usual Heading.) 
 I, of make oath and say : — 
 
 1. That of deceased died on the 
 
 day of 18 , at a widower and intestate ; that in the 
 
 month of 18 , letters of administration of the personal estate of the 
 
 said deceased, were by the authority of this Division at the Registry 
 
 thereof granted t, n ; s natural and lawful son and one of his next-of- 
 
 kin, who for some time intermeddled in the said personal estate and afterwards died, to 
 wit, on the day of 18 , leaving part thereof unad- 
 
 ministered. 
 
 2. That I am the natural and lawful son and one other of the next-of-kin of the 
 snid deceased ; that 1 will faithfully administer, etc. [ and w „n In /l<, n,d as in /irecediny 
 form. 2
 
 The Practitioner* 8 P mimic Manx id. !)0 
 
 [Oath for grant to sister on death of mother who administered^] 
 
 (Usual Heading.) 
 
 I, of make oath and say : — 
 
 1, That of deceased, died on the 
 
 day of 18 , at , a bachelor without a father and 
 
 intestate; that in the month of IS , letters of administration of the 
 
 personal estate of the snid deceased were by the authority of this Division at the 
 Registry thereof, granted bo widow, his natural and lawful 
 
 mother and only next-of-kin, who for smnc time intermeddled in the said personal 
 estate and afterwards died, to wit, on the day of \h , 
 
 leaving part thereof umnlministered. 
 
 2. That I am the natural and lawful sister of the said deceased : that I will faith- 
 fully administer, etc. [and so on to the end as in preceding form. 
 
 [Oath for grant to person entitled in distribution on 
 death of next-of-kin.] 
 
 (Usual Heading.) 
 
 1 , of , make oath and say : — 
 
 1 . That of deceased, died on the day 
 of 18 , a bachelor without a parent and intestate ; that in the month 
 of 18 , letters of administration of the personal estate of the an id 
 deceased were, by the authority of this Division at the Registry thereof 
 granted to I. li., the natural and lawful brother and one of the next-of-kin of the said 
 deceased, who for some time intermeddled in the said personal estate and afterwards 
 died, to wit, on the day of 18 , leaving part thereof 
 unadministered. 
 
 2. That the natural and lawful brother and the only other next-of- 
 kin of the said deceased died in the lifetime of the said A. S., deceased, to wit, on 
 the day of 18 [or survived the said A. B., deceased, and 
 is since dead without having taken upon himself letters of administration of the 
 personal estate of the said deceased.] 
 
 :*. That I am the lawful nephew and one of the persons entitled in distribution to 
 the personal estate of the said deceased, being the natural and lawful son of 
 the natural and lawful brother also of the said deceased who died in his lifetime, to 
 wit, on the day of 18 ; that I will faithfully 
 
 administer, etc. [and so on to the end as in preceding form.2 
 
 For Inland Revenue Affidavit, see Chapter 3 ; as to duty 
 paid stamp on affidavit, see page 38. 
 
 For Bond A. B., see Chapter 7. 
 
 The seal fee, where the effects are under £300, is the 
 same as on the first grant, but where the effects amount 
 to or exceed £300, the seal fee is 12s. 6d. 
 
 In other respects the fees and procedure arc similar to the 
 application for a grant of administration (will) de bonis non. 
 
 H2
 
 100 The Practitioner's Probate Manual . 
 
 CHAPTER 14. 
 
 EXEMPLIFICATIONS, RENUNCIATIONS, NOTING 
 
 DOMICILE, DUPLICATE GRANTS, 
 
 RE-SEALING. 
 
 Exemplifications of grant of probate (or letters of 
 administration) for use in recovering property in the 
 British Colonies or elsewhere out of the jurisdiction of the 
 Court can be obtained on application for them. These 
 exemplifications are written on parchment, and recite the 
 grant, etc., with a copy of the will in the prescribed form, 
 and issue under the seal of the Court. The fees are : — 
 
 Looking up original grant . . . . £0 1 
 
 Duty on exemplification . . . . 3 
 
 Fee on exemplification . . . . I I 
 Engrossing ditto (Is. 6d. per folio). 
 
 RENUNCIATION AFTER GRANT PASSED. 
 
 An executor to whom power has been reserved in a 
 Grant of Probate to come in afterwards and prove may 
 at any time renounce probate. The usual form of renun- 
 ciation (see " Form of Renunciation," p. 137) with the 
 addition of a clause reciting the grant to proving executor, 
 is applicable for the purpose. The fees for recording it 
 are 8s. 6d. 
 
 The grant must be produced, but the renunciation is not 
 noted thei'eon. The fact of the filing is proved by obtaining 
 .in office oopy of the renunciation, or of the Act of Probate.
 
 The Practitioner' a Probate Manual. KM 
 
 NOTING DOMICILE WHEN GRANT PASSES. 
 When it becomes necessary to have the domicile of the 
 deceased noted on a Grant of Probate or Administration, 
 in order to deal with his personal property in Scotland, 
 the ordinary form of oath to lead such grant should end 
 thus : — 
 
 " that will exhibit a trne and perfect inventory 
 of all and singular the said estate and effects and 
 render a just and true account thereof whenever 
 required by law so to do ; that the said deceased 
 died domiciled in England ami that the gross 
 personal estate and effects of the said deceased in 
 the United Kingdom is of the value of £ 
 and no more, to the best of my knowledge, infor- 
 mation and belief." 
 
 The Inland Revenue affidavit should also show the 
 particulars of the property in Scotland and in Ireland. 
 When the grant passes, the Registrar will make a notation 
 of domicile thereon, for which the additional fee of 5s. 
 is charged. 
 
 NOTING DOMICILE AFTER Till-; GRANT HAS PASSED 
 THE SEAL. 
 
 When, after a grant of probate or administration has 
 passed the seal of the Court, it is found necessary that the 
 domicile of the deceased should be noted on the grant in 
 order to deal with the property in Scotland, the prac- 
 titioner will furnish the Registrar with an affidavit in 
 duplicate (see form p. 134), in order to lead the order for 
 the notation to be made on the grant, The fees for the 
 order are 7s. 
 
 The fee of 5s. is payable for making the notation, and 
 Is. for looking up the original grant,
 
 LU'2 The Practitioner's Probate Manual. 
 
 DUPLICATE GRANTS. 
 
 A duplicate granl of probate or letters of administration 
 with or without the will annexed may issue at any time 
 utter :i grant lias passed the seal of the Court. 
 
 The fees are somewhal similar to a double probate, and 
 vary according to the length of the will. 
 
 No duplicate grants will issue to any applicant other 
 than the acting executors, or one of them, or the adminis- 
 trators, or one of them (in case of a joint grant), or their 
 solicitors furnished with a written authority under the 
 hand of one of such executors or administrators, or their 
 lawful attorney upon production of letter of attorney and 
 filing a copy ; and if the application for a duplicate grant 
 be not made within six months after the issue of the 
 original grant, a written statement of the use to be made 
 of the duplicate should be furnished by the applicant. 
 The usual notation fee of 2s. 6d., and a further fee of 
 2s. 6d., for filing the written application or copy letter of 
 attorney will be payable. 
 
 SCUTCH AND IRISH CHANTS. 
 
 In order to obtain the seal of the English Court to a 
 Scotch or Irish grant the original grant must be produced 
 and a copy filed. The copy to be filed may be on foolscap or 
 brief sized paper. 
 
 The Scotch grant should show that there are English 
 assets and should also state that the deceased died domiciled 
 in Scotland. 
 
 In the case of an Irish grant a certificate from the Inland 
 Ilevenue Officer in Ireland that duty has been paid on the 
 English assets of the deceased must be produced and also, 
 in cases of administration, a certificate from the Irish 
 Court that sufficient security has been given.
 
 The Practitioner' & Probate Manual. 
 
 103 
 
 Probate. 
 
 Administration. 
 
 £ *. d. 
 
 £ s. d. 
 
 1 
 
 1 
 
 o a o 
 
 4 6 
 
 7 6 
 
 12 
 
 12 6 
 
 12 6 
 
 If it is necessary to obtain the seal of the Irish Court to 
 an English grant, the probate or letters of administration 
 with a copy thereof and the necessary certificates and the fees 
 may be deposited with the Registrar of the Principal or 
 District Registry where the grant has been made, who will 
 transmit the grant to Ireland for the purpose of re-sealing. 
 
 The fees payable are as follows : — 
 
 For affixing the seal to an Irish grant in order to its 
 becoming in force for property in England : — 
 
 Effects in England '• — 
 
 Under the value of £100 
 
 „ „ „ 200 
 
 „ „ „ 300 
 
 Above „ „ 300 
 
 For affixing the seal of the Court to an Irish 
 
 grant taken under Section 16 of the Finance 
 
 Act, 1894 026 
 
 For affixing the seal to an Irish grant taken 
 
 under Section 33 of the Customs and Inland 
 
 Revenue Act, 1881 
 For the Registrar's Fiat on an Irish grant 
 Filing stamp office certificate 
 Filing certificate as to bond 
 For affixing the seal of the Court to any con 
 
 fh'mation of an executor issued by authority 
 
 of a Commissary Court in Scotland . . . . 1 1 
 
 Collating confirmation or grant — 
 
 If 10 folios of 90 words each, or under 
 
 Above 10 folios, per folio 
 Filing copy confirmation or grant 
 Search (per year) 
 Receipt for papers 
 
 . 15 
 
 
 
 . 5 
 
 
 
 . 2 
 
 6 
 
 . 2 
 
 L- 
 
 6 
 
 .. 
 
 2 
 
 6 
 
 
 
 
 
 3 
 
 
 
 2 
 
 6 
 
 . . 
 
 
 
 6 
 
 .. 
 
 1 
 

 
 I'M The Practitioner* 8 Probate Manual 
 
 In order /<> obtain the seat of the Irish < 'ourt 
 to a granf issued by the English Court a oertifioate as to 
 the payment of stamp duty and in case of administration 
 a certificate of sufficient security must be obtained. 
 
 The former is issued by the Legacy Duty Office and the 
 latter by the Probate Court. 
 
 If the deceased was trustee only of property in Ireland 
 the following affidavit must be made : — 
 
 |n the ;4iic|l) cCoiut of justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PBOBATE.) 
 THE REGISTRY. 
 
 IN the goods f deceased. 
 
 I, of , make oath and say as 
 
 follows : — 
 
 1. That of deceased, died on the 
 
 day of 18 , at , and 
 
 probate of his will was granted to me this deponent the executor named in 
 the said will mi the day of 1H , by 
 
 this Division at the Registry thereof. 
 
 2. That the said deceased was at the date of his death the sole sur- 
 viving- executor of the will of of deceased, 
 who died on the day of 18 , and whose 
 will was proved at on the day of 
 
 18 . 
 
 '.i. That at the date of the death of the deceased there were standing 
 in his name as such surviving executor of the will of the said 
 deceased the following securities, namely : — 
 
 [(7£re particular* and value at date of death. ,] 
 
 1. That the said deceased was a trustee only of such securities I 
 
 had not any beneficial interest therein nor had he any beneficial interest in 
 any real or personal estate in Ireland. 
 
 ■">. That the said probate of the will of the said deceasi A, 
 
 is about to be resealed in the Probate ami Matrimonial Division of the Sigh 
 Court of Justice in Ireland in respect of the said trust estate, and for this 
 purpose it is desired t'> obtain from the Controller of Legacy and Succession 
 Duties a certificate that Probate [or Estate Duty is nut payable in respect 
 of such trust estate. 
 Sworn, etc. 
 
 If through inadvertence the fact that the estate included 
 Irish assets is not stated in the affidavit for Inland Revenue, 
 the Controller of Legacy Duty will not issue the stamp 
 duty certificate until such mistake has been rectified by filing 
 a statement in the form subjoined.
 
 The Practitioner's Probate Manual. 105 
 
 The statement may be signed by one of two or more 
 executors or administrators. 
 
 h\ the 'i\\c\\) (fouvt of justice. 
 
 PROBATE, DIVOBCE ami a n.M 1 1;.\ i,tv division. 
 (PROBATE). 
 
 THE REGISTRY. 
 
 IN the goods of deceased. 
 
 I, of . , do hereby certify as 
 
 follows : — 
 
 1. The said of deceased, died on 
 the day of L8 , at 
 
 2. That on the day of 18 
 probate of bis will [or administration of his personal estate | was granted 
 by this Division at the Registry thereof, to me, the sole 
 executor named in the said will [or the lawful widow and relict of the 
 said deceased, or at the ease may 6e.] 
 
 3. That in the affidavit filed oil taking the said grant and dated 
 the day of 18 , I stated that the personal 
 estate of the said deceased was of the gross value of & , and that the 
 whole of such personal estate was situate in England. 
 
 ■t. That the statement in such affidavit as to the situation of the said 
 personal estate was through an oversight made in error and that as a 
 matter of fact part of such personal estate, namely, of 
 
 the value of £ was situate in Ireland. 
 
 5. That I desire to have the true facts as to the situation of the said 
 personal estate noted on the said Affidavit for Inland Revenue in order that 
 I may obtain a certificate as to the payment of Estate [or Probate j Duty on 
 the personal estate situate in Ireland. 
 (Signature.) 
 
 RE-SEALING OF COLONIAL PBOBATES. 
 
 The Colonial Probates Act, 1892 (55 Vict. cap. 6) provides 
 that where a Court of Probate in a British possession, to 
 which the Act lias been applied by an Order in Council, has 
 granted (whether before or after the passing of the Act) 
 probate or letters of administration in respect of the estate of 
 a deceased person, such grant may, on being produced to a 
 Court of Probate in the United Kingdom, be sealed with the 
 seal of that Court, and thereupon shall have the same force 
 and effect in the United Kingdom as if granted by that 
 Court. The Act applies to any probate Gr letters of adminis- 
 tration granted by a British Court in a foreign country.
 
 I (Mi The Practitioner's Probate Manual. 
 
 The grant is do! to be re-sealed until tlie Probate Duty (or 
 Estate 1 >u( v, or other duty payable on tin- value of the estate 
 ami effects in the I Ttiited Kingdom for which probate of 
 administration is granted) has been paid; ami, in the case of 
 letters of administration, until security has been given 
 sufficient in amount to cover the property in the United 
 Kingdom to which the grant relates. The Court may also 
 require evidence as to the domicile ,,)' the deceased. For the 
 purposes of the Act a duplicate of any grant sealed with tic 
 seal of the Court granting same, or ;i copy thereof certified as 
 correct by or under the authority of the Court granting the 
 same, shall have the same effect as the original. By a 
 Registrar's order exemplifications and copies which do not 
 give a copy of the Act of Probate or Administration cannot 
 be re-sealed. 
 
 Special or limited or temporary grants are not to be sealed 
 except upon an order of one of the Registrars. 
 
 The practice on re-sealing is as follows : — 
 
 The applicatiou must be made in the Principal Registry 
 by the executor or administrator, or by the attorney (lawfully 
 authorized for that purpose) of such executor or adminis- 
 trator. 
 
 The power of attorney will be in the form given on page 
 1:36. 
 
 A notice of such application in the prescribed form must 
 be inserted once in the Times newspaper, unless otherwise 
 directed by the Registrars. The notice need not previously 
 be submitted to the Registrars. 
 
 A copy of the grant to be re-sealed must be filed in the 
 Registry ; such copy may be on foolscap or brief sized paper, 
 and must include copies of all testamentary papers admitted 
 to probate.
 
 The Practitioner 1 8 Probate Jin nual. 107 
 
 The oath of the executor, administrator or attorney musi 
 be in the prescribed form, see page 108. 
 
 In the case of application to re-seal letters of administra- 
 tion the applicant must give bond to cover the personal 
 estate <>t' the deceased within tlu> jurisdiction of the Court of 
 Probate. The form of bond is subjoined, and with regard 
 to the sureties and penalty the practice given on page 63 is 
 to be observed. 
 
 In every case and especially when the domicile of the 
 deceased, as sworn to in the affidavit, differs from that sug- 
 gested by the description in the grant, the Registrars may 
 require further evidence as to domicile. If it should appear 
 that the deceased was not at the time of death domiciled 
 within the jurisdiction of the Court from which the grant 
 issues the seal of the English Court is not to be affixed unless 
 the grant is such as would have been made by the High 
 Court of Justice in England. 
 
 When the application is made after the lapse of three 
 years from the death of the deceased, a certificate of reason 
 of delay must be filed (form on page 132). 
 
 The affidavit for Inland Revenue, if deceased died on or % 
 before 1st August, 1894, will be form "A"; if deceased 
 died after that date will be form " A-l," see Chapter 3. 
 
 The places to which the Act has been extended by Order 
 in Council are as follows : — 
 
 Cape of Good Hope Western Australia 
 
 New South Wales Ontario (Province) 
 
 Victoria British Guiana 
 
 New Zealand South Australia 
 
 Gibraltar Straits Settlements 
 
 British Honduras Tasmania 
 
 Hong Kong Gold Coast Colony 
 
 Manitoba Nova Scotia
 
 108 The Practitiotier's Probate Ma una/. 
 
 British Columbia Jamaica 
 
 Barbadoes Lagos 
 
 Bahamas Fiji 
 
 Trinidad and Tobago Natal 
 
 Leeward Islands North- West Territories 
 
 (Canada). 
 
 2 
 
 6 
 
 5 
 
 
 
 2 
 
 6 
 
 2 
 
 6 
 
 The fees payable are as follows : — 
 
 8. <l. 
 
 Receipt ... ... ... ... ... ... 1 
 
 Registering and Collating — 3d. per folio of 90 
 words (minimum fee 2s. 6d.) 
 
 Court Fee — as per scale on page 
 
 Search — tid. per year from date of death. 
 
 Certificate of Registrar 
 
 Registrar's Fiat 
 
 Filing Copy Grant 
 
 Filing Power of Attorney (if any) 
 
 The forms to be used are as follows : — 
 [Oath.'] 
 hx tljc $iglj Court of justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 IN the goods of A.B., deceased. 
 1,0. l>. (or E. V.), of make oath and say :— 
 
 1. That a grant of probate of the will (or letters of administration of the personal 
 estate) of A.B., late of deceased, was granted to me (or CD.) 
 by the Court at on the day of 18 . 
 
 2. That the said deceased was at the time of his death domiciled at , 
 [the following words to be struck out if inapplicable] within the jurisdiction of the said 
 Court. 
 
 3. That the notice hereunder annexed was inserted in the Times newspaper on the 
 
 •lay of 18 . 
 
 4. That I am the attorney lawfully appointed of CD., under his hand and seal, 
 and am duly authorised to apply to this Court for the sealing of the said grant. [Thi* 
 paragraph to be struck out if inapplicable.] 
 
 5. That the value of the personal estate in England amounts in value to the sum 
 of and no more, to the best of my knowledge, information, and belief. 
 
 Sworn, etc.
 
 The Practitioner's Probate Manual. 109 
 
 [Advertisement.] 
 
 A. I}., deceased. 
 Notice is hereby given thnt after the expiration of eight days application will be 
 made in the Principal Probntc Registry of the BTiph Court of Justice for the sealing of 
 the probate of the will (or letters of administration of the personal estate) of A. It., late 
 of , deceased, granted by tlie Court at 
 
 on the day of W 
 
 Solicitors fur 
 
 [Administration bond (with or without will).] 
 
 KNOW all men by these presents, that we, A.B., of , 
 
 CD., of , and E.F„ of , are jointly 
 
 and severally bound unto O.H., the President of the Probate, Divorce, and 
 Admiralty Division of Her Majesty's High Court of Justice, in the sum of 
 pounds, of good and lawful money of Oreat Britain, to be 
 paid to the said Q.H., or to the President of the said Division for the time 
 being, for which payment well and truly to be made we bind ourselves and 
 each of us, for the whole, our heirs, executors, and administrators, firmly 
 by these presents. 
 Sealed with our seals. 
 
 Dated the day of in the year of our 
 
 Lord One Thousand Eight Hundred and Ninety 
 
 The condition of this obligation is such, that if the above-named A.B., the adminis- 
 trator (with the will dated the day of , annexed) 
 by authority of the Court at , acting under letters 
 Of administration granted to on the day of 
 
 , and now about to be sealed in England under the Colonial Probates Act, 
 1892, of the personal estate of K.L., late of deceased, who died on the 
 
 day of 18 , do, when lawfully called on in that 
 
 behalf, make, or cause to be made, a true and perfect inventory of the personal estate of 
 the said deceased in England which has or shall come to hands, possession, or 
 
 knowledge, or into the hands and possession of any other person for , 
 
 and the same so made do exhibit, or cause to be exhibited, into the Principal Probate 
 Registry of Her Majesty's High Court of Justice, whenever required by law so to do, 
 and the same personal estate do well and truly administer according to law ; and 
 further do make, or cause to be made, a true and just, account of 
 
 said administration, whenever required by law BO to do, then this obligation to be void 
 and of none effect, or else to remain In full force end virtue. 
 
 Signed, scaled, and delivered > 
 by the within-named 
 
 in the presence of 
 
 A Commissioner for Oaths.
 
 110 The Practitioner's Probate Manual. 
 
 [Administration bond (with or without will) on application 
 
 by attorney.'] 
 
 KNOW all men by these presents, that we, A.B., of , CD., 
 
 of , and K.F., of , are jointly and severally 
 
 bound unto a. 11., the President of the Probate, Divorce, and Admiralty 
 
 Division of Her Majesty's High Court of Justice, in the sum of 
 
 pounds, of good and lawful money of Great Britain, to be paid to the said 
 
 G.H., or to the President of the said Division for the time being, for which 
 
 payment well and truly to be made wo bind ourselves and each of us, for 
 
 the whole, our heirs, executors, and administrators, (irmly by these presents. 
 
 Sealed with our seals. 
 
 Dated the day of in the Year of our Lord 
 
 One Thousand Eight Hundred and Ninety 
 
 The condition of this obligation is such, that if K.L., of , the adminis- 
 
 trator (with the will dated the day of , annexed), by 
 
 authority of the Court at , acting under letters of adminis- 
 
 tration granted to on the day of , and now about to 
 
 be sealed in England under the Colonial Probate Act, 1892, of the personal estate of 
 M.N., late of deceased, who died on the day of 
 
 18 , do, when lawfully called on in that behalf, make, or cause to be made, a true and 
 perfect inventory of the personal estate of the said deceased in England which has or 
 shall come to hands, possession, or knowledge, or into the hands and 
 
 possession of any other person for , and the same so made do exhibit, 
 
 or cause to be exhibited, into the Principal Probate Registry of Her Majesty's High 
 Court of Justice, whenever required by law so to do, and the same personal estate do 
 well and truly administer according to law ; and further do make, or cause to be made, 
 a true and just account of said administration, whenever required bylaw 
 
 so to do, then this obligation to be void and of none effect, or else to remain in full 
 force and virtue. 
 
 Signed, sealed, and delivered 
 by the within-named 
 
 in the presence of 
 
 A Commissioner for Oaths.
 
 The Practitioner's Probate Manual. Ill 
 
 CHAPTER 15. 
 
 ADDITIONAL SECURITY — ALTERATK I X 
 IN GRANTS— VOLUNTARY REVOCA- 
 TION OF GRANT- REGISTRAR'S FIAT 
 —PROBATE REFUSED— CAVEATS. 
 
 ADDITIONAL SECURITY ON INCREASING THE AMOUNT 
 OF AN ESTATE. 
 
 If it is discovered, after a grant of administration (with 
 or without will annexed) has been made, that the amount 
 given as the value of the estate was less than the true value 
 thereof, by reason that some part of such estate was under- 
 valued or by reason that additional assets have been ascer- 
 tained, it will be necessary to pay additional Probate or 
 Estate Duty by means of a corrective affidavit. The form 
 " D " is to be used if the deceased died on or before the 
 1st August, 1894 ; if the deceased died after that date, 
 form " D-l " should be used. Before the Inland Revenue 
 authorities will endorse on the Grant a certificate as to the 
 payment of the additional duty, a certificate of additional 
 security must be given, and a notation made on the 
 Grant by the Registrar that full security has been given 
 for the increased value of the estate. In order to obtain 
 this certificate, an affidavit should be made by the 
 administrator in the prescribed form (see page 124). A 
 further certificate of delay is required in cases where a 
 certificate was filed with the first grant. A new bond 
 must also be given in double the amount of the additional 
 assets. The interest of the administrator iu the estate should 
 be inserted in the bond which should be prepared as if for
 
 112 The Practitioner 1 & Probate Manual. 
 
 an original grant except that the word "intended" should 
 be omitted. 
 
 The Rules applying to bonds for grant apply also to these 
 cases. (See Chapters 7 and 9.) 
 
 The bond and affidavit will be filed with the original 
 papers. 
 
 The fees are 12s. 6d. Should, however, the grant 
 have been originally taken out under the 33rd Section of 
 the Customs and Inland Revenue Act, 1881, or under 
 the Finance Act, 1894, Section 16, and the value of the 
 estate is afterwards sworn to exceed the sum of £300, or 
 £500, as the case may be, payment is demanded of the 
 full foes which would have been payable if the full gross 
 value of the personal estate had been set forth when the 
 grant issued. The same payment is demanded where the 
 personal estate has originally been sworn to amount to 
 a sum under or not exceeding £100. No credit can be 
 taken in the former case for the fee of 15s. paid when the 
 grant issued, as this is held to be forfeited. 
 
 If the parties object to the foregoing demand the} r will 
 be called upon to furnish a statement in writing setting 
 forth the nature and particulars of the additional property 
 and the reason why it was not included in the original 
 estimate of value brought in when the grant passed. The 
 certificate will be withheld until the Registrars have 
 considered such statement, 
 
 ALTERATIONS IX GRANT. 
 
 Any alteration that may be required to be made in a grant 
 which has passed from any Registry can only be made therein 
 by an order from one of the Principal Registrars. The order 
 is founded upon an affidavit setting out the facts. If the 
 application is made in the District Registry the alteration 
 is made by the District Registrar on receipt of the order.
 
 The Practitioner' 8 Probate Manual. 113 
 
 VOLUNTARY REVOCATION OF GRANT. 
 
 When by reason of errors in a grant or otherwise, it 
 becomes necessary that the grant should be revoked, the 
 practitioner will prepare an affidavit of the circumstances 
 for the consideration of the Registrar of the Principal 
 Registry, who will prepare and make the order, or require 
 such further evidence as may be thought necessary. If 
 the grant was taken in the District Registry the application 
 to revoke must be made there, but the affidavit is to be 
 headed " Principal Registry." 
 
 If the grant is to be revoked by reason of the discovery 
 for the first time of a will ; or of a will of a later date 
 than that proved, such will must be produced on filing the 
 affidavit. The grant will be cancelled in the Principal 
 Registry. 
 
 The special form of oath to lead the substituted grant 
 cannot be sworn until the old grant has been cancelled. 
 With the papers for the new grant must be filed a copy 
 of the Act of the old grant having the order of revocation 
 noted thereon. The affidavit for Inland Revenue will 
 contain the assets as the same may be found with the 
 value of same as at the date of the affidavit (Act of 
 1881), or their value at the death (Act of 1894), see 
 Chapter 3. If the person applying for the second grant is 
 the person who took the first grant the Inland Revenue 
 authorities will grant a free mark, see page 38. If this is 
 not the case duty must be paid by the applicant for the 
 substituted grant, and the person to whom the grant was 
 given in the first instance must make application to the 
 Commissioners for return of the duty by means of a 
 Corrective Affidavit. 
 
 The fees payable are the same as on an application for an 
 original grant, but the search is made from the date of 
 
 revocation. 
 
 I
 
 I 1 I Tin' Practitioner 1 s Probate Manual. 
 
 TIip forms to be used are as follows: — 
 
 | Affidavit to lead Revocation of Probate, a later Will having 
 been foundJ\ 
 
 |n tbr ''iiiqli 0"ourt of fust'ue. 
 
 PROBATE, DIVORCE A.ND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 TDK PRINCIPAL REGISTRY. 
 
 IN' the g Is of deceased. 
 
 I of make oath and say as follows '• — 
 
 1. The said of deceased, died on the day of 
 
 18 at haying duly made and executed a will bearing date 
 
 the day of 18 whereof 1 the said was appointed 
 
 the sole executor. 
 
 2. I verily believed (until I had as hereinafter deposed ascertained to the contrary) 
 that the said will was the last, will and testament of the said deceased, 
 and 1 applied to this Division at the Registry, thereof, for and obtained 
 on the day of is a grant of probate of the said will on the suggestion 
 that such will was the last will and testament of the said deceased. 
 
 :i. That since the date last mentioned I have discovered [state hoir] a will duly 
 made and executed by the said deceased, of a later date than the date of the above- 
 mentioned will, to wit, a will bearing date the day of 18 whereof 
 the said deceased appointed sole executor, and whereby the said 
 deceased revoked all wills previously made by him. 
 
 !•. I am therefore desirous that the probate, heretofore granted to me, shall be 
 revoked and declared null and void by this Division, and I have instructed 
 
 my solicitors, to pray and procure the said probate to be revoked, declared 
 null and void and cancelled accordingly. 
 
 Sworn, etc. 
 
 [Affidavit to lead Revocation of Administration, a Will 
 having been foundJ\ 
 
 (Usual Heading.) 
 I of make oath and say as follows : — 
 
 1. The said of died on the day of 
 18 at 
 
 2. I verily believed (until I had as hereinafter deposed ascertained to the contrary) 
 that the said deceased died intestate, and being the natural and lawful child and one 
 of the next-of-kin of the said deceased I applied to this Division at the 
 
 Registry thereof for and on the day of 18 obtained therefrom 
 
 letters of administration of all and singular the personal estate and effects of the said 
 deceased, on the suggestion that he died intestate, a widower. 
 
 3. Since the date last mentioned [on looking through the papers and deeds of the 
 said deceased, or as the case may be~\ I found the original last will and testament of the 
 said deceased, which said will is duly made and executed by the said deceased and 
 bears date the day of 18 
 
 4. [State why search teas not made earlier or other reasons why the will was not 
 disco re red.] 
 
 5. I am therefore desirous that the letters of administration granted to me, as 
 before stated, shall be revoked and declared null and void by this Division, and I have 
 instructed , my solicitor, to pray and procure the said letters of 
 administration to be revoked, declared null and void and cancelled accordingly. 
 
 Sworn, etc.
 
 The Practitioner's Probate Manual. L15 
 
 [Oath to !ea<l Substituted Grant] 
 
 |n the 3?)igh (Court of dustier. 
 
 PROHATK, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATK). 
 
 THE PRINCIPAL RKGISTRY- 
 I N t lie goods of deceased. 
 
 I of make oath and say as follows : — 
 
 1. The said of deceased, died on the 
 day of IS , at having made and duly executed his 
 Last will and testament, bearing date the day of 18 , and thereof 
 appointed me, hi* brother, this deponent, sole executor. 
 
 2. Notwithstanding the premises probate of an earlier will of the said testator, to 
 wit, dated the day of 18 , was on or about the day of 
 
 18 , granted by this Division at the Registry, thereof, 
 
 to the sole executor therein named. 
 
 [0K| 
 
 [2. Notwithstanding the premises letters of administration of the personal estate 
 ihkI effects of the said deceased, were on the day of 18 .granted 
 
 by this Division, at the Registry thereof, to the 
 
 natural and lawful son and one of the next, of-kin of the said deceased, on the suggestion 
 that the said deceased died intestate, a widower ] 
 
 3. The said grant of probate \or administration] has been since voluntarily 
 brought in by or on the part and behalf of the said and has been 
 duly revoked and declared null and void to all intents and purposes in the law. 
 
 4. I believe the paper writing hereunto annexed and marked by me to contain the 
 true and original lust will and testament of the said deceased ; that I am the brothi r 
 of the said deceased, and that I am the sole executor named in the said will ; that I 
 will well and faithfully administer the personal estate of the said testator, by paying 
 his just debts and the legacies contained in his will so far as the same shall thereto 
 extend and the law bind me; that I will exhibit a true and perfect inventory of all 
 and singular the said estate and effects and render a just and true account thereof 
 whenever required by law so to do ; and that the gross personal estate of the said 
 testator is of the value of £ and no more to the best of my knowledge, 
 information and belief. 
 
 Sworn, etc. 
 
 REGISTRAR'S FIAT. 
 
 If there are alterations in a will which, by reason of 
 their having been made, or, in the absence of evidence to 
 the contrary, are presumed to have been made after 
 execution, the will must be registered as it stood without 
 such alterations, and the Registrar will require a copy of 
 the will to be made in that state and filed with the 
 papers, and will write upon such copy his fiat that the 
 will is to be registered in accordance with such copy. 
 
 12
 
 116 The Practitioner** "Probate Manual. 
 
 The for of 5s. is charged for fiat, and 2s. 6d. for filing 
 the copy. The fee for making the copy is 2s. 6d. for the 
 
 first five folios, and 6d. for every additional folio. 
 
 PROBATE REFUSED. 
 
 When, by affidavit of the attesting witnesses, it is shown 
 thai a will was not exeouted in accordance with the 
 requirements of the Wills Act, the Registrar will refuse 
 probate thereof and mark tli^ will accordingly. The 
 fees are : — 
 
 Filing each affidavit . . . . 2s. 
 
 Registrar's fiat . . . . . . 5s. 
 
 Application can thereupon be made for a grant of letters 
 of administration by the person entitled thereto. 
 
 CAVEATS. 
 
 If the practitioner is desirous of entering a caveat to 
 prevent any grant issuing without notice to the caveator, 
 he will attend at the Registry and fill up a form which 
 is there provided for that purpose. The fee of 2s. 6d. 
 is charged for entering the caveat. 
 
 Notice of such caveat having been entered will be 
 transmitted from the District Registry to the Principal 
 Registry, so that a record of the caveat remains in both 
 registries. Should the deceased have residence in another 
 district, notice is also sent to the Registry for such district, 
 at the same time. 
 
 A caveat remains in force for six months only, but may 
 be renewed from time to time. 
 
 Rule 62 provides that " no caveat shall affect any grant 
 made on the day on which the caveat is entered, or on the 
 day on which notice is received of a caveat having been 
 entered in tho Registry."
 
 The "Practitioner % Probate Manual. 117 
 
 Such caveat may be withdrawn or subducted by the 
 party who entered it, on payment of a fee of 2s. 6d., at 
 any time before he is warned to enter an appearance to it, 
 and notice of such withdrawal or subduction is sent to the 
 Principal Registry, and also to the Registry of any other 
 district in which the deceased may have had a fixed place 
 of abode. 
 
 Should the party whose application is stopped by the 
 caveat, be desirous that the caveat be cleared off, he will 
 instruct his London agent accordingly, who will obtain 
 from the Principal Registry a form of warning to be 
 served upon the person who entered the caveat at the 
 address therein given, and if no appearance be entered by 
 or on behalf of the caveator after the service of the warning 
 within the time therein limited, upon affidavits of the 
 service of the warning and of search for and of no appear- 
 ance thereto being entered in the books of the Principal 
 Registry, a notice to that effect will be transmitted to the 
 Distiict Registrar, who will thereupon issue the grant to 
 the party applying. A caveator may subduct his caveat 
 within six days of the issuing of the warning. 
 
 A caveat cannot be warned from a District Registry.
 
 118 
 
 The Practitioner 1 8 Probate Manual. 
 
 CHAPTER 16. 
 
 FEES. 
 
 SEAL FEES. 
 
 
 Probates. 
 
 Administrations. 
 
 Net Estate sworn : — £ 
 
 £ 
 
 ,v. 
 
 d. 
 
 £ 
 
 
 I. 
 
 Not to exceed - 100 
 
 II 
 
 1 
 
 
 
 
 
 1 
 
 
 
 Under - - 200 
 
 
 
 3 
 
 
 
 
 
 4 
 
 6 
 
 300 
 
 
 
 7 
 
 6 
 
 
 
 12 
 
 
 
 450 
 
 
 
 12 
 
 
 
 
 
 16 
 
 fi 
 
 600 
 
 (I 
 
 16 
 
 6 
 
 1 
 
 2 
 
 6 
 
 800 
 
 1 
 
 2 
 
 6 
 
 1 
 
 13 
 
 
 
 1,000 
 
 1 
 
 13 
 
 
 
 2 
 
 5 
 
 
 
 1,500 
 
 2 
 
 5 
 
 
 
 3 
 
 7 
 
 6 
 
 2,000 
 
 3 
 
 
 
 
 
 4 
 
 10 
 
 
 
 3,000 
 
 3 
 
 15 
 
 
 
 4 
 
 13 
 
 9 
 
 4,000 
 
 4 
 
 10 
 
 
 
 4 
 
 17 
 
 6 
 
 5,000 
 
 4 
 
 15 
 
 
 
 5 
 
 5 
 
 
 
 6,000 
 
 5 
 
 
 
 
 
 5 
 
 12 
 
 6 
 
 7,000 
 
 5 
 
 5 
 
 
 
 6 
 
 
 
 
 
 8,000 
 
 5 
 
 10 
 
 
 
 6 
 
 7 
 
 6 
 
 9,000 
 
 5 
 
 15 
 
 
 
 6 
 
 15 
 
 
 
 10,000 
 
 6 
 
 
 
 
 
 7 
 
 2 
 
 6 
 
 12,000 
 
 6 
 
 5 
 
 
 
 7 
 
 10 
 
 
 
 14,000 
 
 6 
 
 10 
 
 
 
 7 
 
 17 
 
 6 
 
 16,000 
 
 G 
 
 17 
 
 6 
 
 8 
 
 8 
 
 9 
 
 18,000 
 
 7 
 
 5 
 
 
 
 9 
 
 
 
 
 
 20,000 
 
 7 
 
 12 
 
 6 
 
 9 
 
 11 
 
 3 
 
 25,000 
 
 8 
 
 2 
 
 6 
 
 10 
 
 6 
 
 3 
 
 30,000 
 
 8 
 
 15 
 
 
 
 11 
 
 5 
 
 
 
 35,000 
 
 9 
 
 7 
 
 6 
 
 12 
 
 3 
 
 9 
 
 40,000 
 
 10 
 
 6 
 
 3 
 
 13 
 
 11 
 
 3 
 
 45,000 
 
 11 
 
 5 
 
 
 
 15 
 
 
 
 
 
 50,000 
 
 L2 
 
 3 
 
 9 
 
 16 
 
 7 
 
 6 
 
 60,000 
 
 13 
 
 2 
 
 6 
 
 17 
 
 16 
 
 3 
 
 70,000 
 
 15 
 
 
 
 
 
 20 
 
 12 
 
 6 
 
 80,000 
 
 16 
 
 17 
 
 6 
 
 23 
 
 8 
 
 9 
 
 90,000 
 
 18 
 
 15 
 
 
 
 26 
 
 5 
 
 
 
 100,000 
 
 20 
 
 12 
 
 6 
 
 29 
 
 1 
 
 3 
 
 „ 120,000 
 
 21 
 
 11 
 
 3 
 
 30 
 
 9 
 
 6 
 
 140,000 
 
 23 
 
 8 
 
 9 
 
 33 
 
 5 
 
 9 
 
 160,000 
 
 25 
 
 6 
 
 3 
 
 36 
 
 2 
 
 
 
 „ 180,000 
 
 27 
 
 3 
 
 9 
 
 38 
 
 18 
 
 3 
 
 200,000 
 
 29 
 
 1 
 
 3 
 
 41 
 
 14 
 
 6 
 
 250,000 
 
 30 
 
 18 
 
 y 
 
 44 
 
 10 
 
 9 
 
 300,000 
 
 35 
 
 12 
 
 6 
 
 46 
 
 17 
 
 6 
 
 350,000 
 
 40 
 
 6 
 
 3 
 
 49 
 
 4 
 
 6 
 
 400,000 
 
 41 
 
 17 
 
 6 
 
 51 
 
 11 
 
 3 
 
 „ 500,000 
 
 43 
 
 8 
 
 9 
 
 53 
 
 18 
 
 3 
 
 600,000 
 
 46 
 
 11 
 
 3 
 
 58 
 
 11 
 
 9 
 
 700,000 
 
 49 
 
 13 
 
 9 
 
 63 
 
 5 
 
 3 
 
 800,000 
 
 52 
 
 16 
 
 3 
 
 67 
 
 18 
 
 9 
 
 900,000 
 
 55 
 
 18 
 
 9 
 
 72 
 
 12 
 
 3 
 
 1,000,000 
 
 59 
 
 1 
 
 3 
 
 77 
 
 5 
 
 9
 
 £ 8. 
 
 1 
 
 d. 
 
 
 
 4 
 1 
 
 6 
 
 6 
 
 The Practitioners Probate Manual. 11!) 
 
 MISCELLANEOUS FEES. 
 
 Receipt for .papers 
 
 Registering and collating wills and other 
 documents — 
 
 If 3 folios of 90 words each, or under 
 Above 3 folios, per folio 
 Search for former grants — 
 
 For every full year or part of a year 
 which has elapsed since the deceased's 
 death 
 Certificate of Registrar. . 
 
 Filing every affidavit, except the oath for 
 executor or administrator and affidavit for Inland 
 Revenue 
 
 Filing certificate of reason of delay 
 Filing power of attorney 
 Filing renunciation 
 Noting on grant that testator or intestate died 
 domiciled in England . . . . . . . . 5 
 
 Registrar's order, noting on record that renun- 
 ciation filed after grant issued . . . . . . 5 
 
 SEARCH AND INSPECTION OF WILLS. 
 
 For every search for will or grant of letters 
 of administration or any document filed in a 
 Registry, including the looking up and inspecting 
 an original will before the same is registered, or 
 a registered copy of a will or an administration 
 
 act 10 
 
 For every third will or administration act 
 looked up in addition to the above . . . . 10 
 
 
 
 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 
 
 6
 
 L20 The Practitioner's Probate Manual. 
 
 d. 
 
 For looking up and inspecting an original 
 will after the same is registered in addition to 
 the fee for the search . . . . . . . . 10 
 
 For looking up and producing any document 
 filed in a Registry other than an original 
 will or administration act . . . . . . 10 
 
 OFFICE COPIES AND EXTRACTS. 
 
 There are three descriptions of office copies to be obtained, 
 
 namely : — 
 
 1 . Plain office copy. 
 
 2. Certified copy. 
 
 -3. Certified copy under seal. 
 
 The cost of a plain office copy is Is. for search, and 
 2s. 6d. for the first five folios of the will, and 6d. for each 
 additional folio. 
 
 The cost of a certified copy is the same, with the 
 addition of 2s. 6d. for first ten folios (or less), and 3d. for 
 every additional folio, for collating and certificate, and an 
 impressed duty of Is. 
 
 The cost of an office copy under seal is the same as a 
 certified copy, with the addition of 5s. for the seal fee. 
 
 Office Copies and Extracts. 
 
 <l. 
 
 For every office copy or extract of a will, or 
 probate, or administration act, or of any 
 document filed or deposited in a Registry, 
 if five folios of ninety words or under . . 2 6 
 
 If exceeding five folios of ninety words, 
 for every additional folio or part of a 
 folio 006
 
 The Practitioner's Probate Manual. 121 
 
 *. (( 
 
 If the will or other document is 200 years old 
 
 and five folios of ninety words or under . . 5 
 If exceedhig five folios of ninety words, 
 
 for every additional folio or part of a folio 9 
 If the office copy of a will or any part of a will 
 or other document is required to be made 
 facsimile, and such will or part of a will or 
 other document is two folios of ninety words 
 in length or under, in addition to the fee for 
 the copy .. .. .. .. .. 010 
 
 If exceeding two folios of ninety words, 
 
 for every additional folio or part of a folio 6 
 For copies of wills and other documents in 
 foreign languages made by persons specially 
 employed for that purpose, the charges of the 
 persons so employed will be taken in addition 
 to any other fees which may be payable in 
 respect of such copies. 
 
 If a copy is required to be printed (in addi- 
 tion to a manuscript copy for the printer, at 6d. 
 per folio of ninety words and collating) : — 
 
 If twenty folios of ninety words or under 10 
 For every additional folio or part of a 
 
 folio 010 
 
 For office copy of a will, minute, order, decree, 
 or any document under seal of the Court for 
 which no other fee is payable : — 
 
 For the seal in addition to the fee for the 
 
 copy and collating . . . . . . 5 
 
 For copies of plans, drawings and armorial 
 bearings, etc., such fee as shall be determined 
 by the Registrar in each particular case.
 
 12'J Tlif Practitioner' a Probate Manual. 
 
 COLLATING DOCUMENTS. 
 
 il. 
 
 For collaring copy of a probate and will, or 
 copy of letters of administration with or without 
 the will annexed, or any other instrument to be 
 filed or deposited in the Registry, or for collat- 
 ing any copy or instrument with an original 
 document already filed or deposited in the 
 Registry, including the Registrar's certificate 
 in verification thereof. 
 
 If ten folios of ninety words each, or under 2 6 
 If above ten folios of ninety words each 
 
 per folio . . . . . . . . . . 3 
 
 If there is any pencil writing copied, or the 
 copy or any part thereof is facsimile in addition 
 to the above fees : 
 
 If such pencil writing or facsimile copy 
 is two folios of ninety words in length 
 or under .. .. .. .. .. 006 
 
 For every additional folio or part of a folio 3 
 
 ATTENDANCES. 
 
 If a practitioner desires the production of any original 
 document filed in the Registry at any Assize or County 
 Court, etc., he should give as much notice as possible to the 
 Registrar (in no case less, if possible, than one day), in 
 order that copies of such documents may be made and 
 examined, according to the requirements of the Court, before 
 such documents are taken out of the Registry. 
 
 For any officer attending as a Witness, or to £ s. d. 
 produce any records or documents to be given 
 in evidence in any Court beyond three miles 
 from the Registry, in addition to the reason- 
 able expenses of the officer, for each day or 
 part of a day he shall be necessarily absent 
 from his office .. .. .. .. .. 110
 
 The Practitioner's Probate Manual. 123 
 
 Within three miles of the Registry : — £ s. d. 
 
 For the first day 110 
 
 For each subsequent day in the same sittings 10 6 
 
 TRANSMISSION OF ORIGINAL WILLS. 
 
 The President has recently directed that any original will, 
 testamentary document, or script, whether before or after 
 probate, and whether in an action or not and including wills 
 brought in on subpoena, deposited for safe custody in the 
 testator's lifetime, and lodged by the Lunacy Commissioners, 
 may be sent in a registered cover by post to and from the 
 Principal and District Registries. 
 
 An examined copy must take the place of the document 
 
 sent. 
 
 FEES ON OATHS. 
 
 The fee of Is. 6d. is charged for each oath made by any 
 person duly entitled, and Is. for marking each exhibit, 
 whether on the same sheet of paper or not. No fee is 
 charged for swearing the papers when application is made 
 under the 33rd section, 44 Vic. c. 12, or 16th section of 
 Finance Act, 1894. 
 
 REGISTRY FEES ON ATTESTING BONDS. 
 
 The fees for superintending and attesting the execution 
 of a bond is Is. 6d., and for each subsequent attestation Is. 
 
 PRINTED CALENDARS. 
 
 Each Registry is supplied with printed calendars, con- 
 taining particulars of all wills proved or letters of adminis- 
 tration granted in England and Wales since the commence- 
 ment of the Court of Probate Act, 1858. These calendars 
 are intended for the use of the public on the usual search 
 fee being paid.
 
 {.24 The Practitioner* a Probate Manual. 
 
 CHAPTER 17. 
 FOEMS. 
 
 [Affidavit for increasing the amount of an estate.] Page 111. 
 §n the |)igl) (llouil of Justire. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 Ill i: REGISTRY. 
 
 IN the goods of deceased. 
 
 I, of (trade), nmke oiitli and say that on 
 
 the day of L8 , letters of administration of the personal 
 
 estate of the said of deceased were granted to me as (here insert 
 
 character in which deponent took the grant) of the said deceased, by the authority 
 of this Division at the Registry thereof (as by the acts and records 
 
 thereof now remaining in the said District, Registry will appear), and that 
 the said personal estate was then sworn to be of the gross value of £ B. d. 
 and no more. 
 
 And I further make oath and say that it has since been discovered that the 
 said personal estate exceeds the said sum of £ s. d. .being of 
 
 the gross value of £ s. d. and no more. 
 
 Sworn, etc. 
 
 [Affidavit for increasing the amount of an estate de bonis non.] 
 
 (Heading as Above.) 
 
 I, of make oath and say that on the day of 
 
 18 , letters of administration [with the will annexedj of the personal estate of 
 the said of deceased, were granted to me, this deponent, 
 
 in this Division, at the Registry thereof, I having previously made oath 
 
 that the whole of the personal estate of the said deceased left unadministered was 
 of the gross value of £ 
 
 And I further make oath and say that it lias since been discovered that the 
 personal estate of the said deceased left unadministered exceeds in value the sum 
 of £ and is of the gross value of £ 
 
 Sworn, etc. 
 
 [Affidavit for increasing the amount of an estate, before application 
 for grant de bonis non.] Page 111. 
 (Usual Heading.) 
 IN the goods of A.B., deceased. 
 
 I, CD. of (trade), make oath and say that in the month 
 
 of 18 , administration of the personal estate of the said A.B., 
 
 of (trade), deceased, was granted to as (here 
 
 insert character in which the deceased administrator took the grant) of the said 
 deceased, by the authority of this Division, at the Registry 
 
 thereof (as by the acts and records now remaining in the said 
 Registry will appear), and thai the said personal estate was then sworn to be of 
 the value of £ s. d. , and no more. 
 
 And I further make oath and say, that the said for some 
 
 time intermeddled in the said personal estate, but is since dead, to wit, on the 
 day of 18 , leaving part thereof un- 
 
 administered. 
 
 And I further make oath and say, that it has since been discovered that the 
 said personal estate exceeds the said sum of £ s. d. , being of the value 
 of £ s. d. , and no more. 
 
 And I lastly make oath and say, that I am (here insert character in which the 
 de bonis una grant will be taken i of the said A. li., deceased, and am about to apply 
 for administration of the said personal estate left unadministered as aforesaid to 
 be granted to me. 
 Sworn, etc.
 
 The Practitioner' a Probate Manual. L25 
 
 [Affidavit of attesting Witness verifying alterations in a trill (or codicil). \ 
 
 Page 4. 
 
 $11 the pigh (f ourt of $ustict 
 
 PROBATE, DIVORCE AXN ADMIRALTY division. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 (li Insert name, residence 
 and addition ..r the deponent. IN the goods of deceased. 
 
 (2) Or "do solemnly, sin- 
 cerely, and truly afflrm and r ( .j Ilmke , lllth and S1IV (») ,i mt i UI11 ,„„. ,,r the 
 
 B) "Codicil to the" or " to subscribing witnesses to the ( 3 ) last will and testa- 
 
 ble iirst. second, third, etc., 
 codicil to the " as the case 
 maybe, mentof ( 4 ) of (*) deceased, 
 
 H \ .',) Insert name, resi- 
 
 I'.'-'i'sr,! :i "' 1 a<lditio " ot (le " the said ( ,; ) being now hereunto annexed, and bearing 
 
 (6) "Will" or "codicil." datethe day of One thousand 
 
 (7) "Will' or "codicil." 
 
 (8) "Signing h na Pf," eight hundred and : and that the said testat 
 or " making li mark. 
 
 cliuse'' thi-'a'-,', ].'''•• "5? '""n'the executed the said (') on the day of the date thereof 
 
 attestation clause thereto,' 1 
 
 ;;; l%£r« m %£' eSlrt »y <"> at the foot or end thereof « 
 
 these words, "meaning and 
 
 Intending such recited sig- ]ls tne Bame wnv appears thereon, in the presence of me and of ( 10 ) 
 
 nature in liual and due execu- ' ' 
 
 Eton of his said Will." 
 
 (101 Insert name or names tht ' " lh er subscribed witness (») 
 
 of the other subscribing wit- 
 ness or witnesses. thereto (") of us being present at the same time, and 
 
 i Hi or " witnesses " 
 
 (12) "both " or "all." we thereupon attested and subscribed the said ( 13 ) in 
 
 (13) " Will" or " codicil," 
 
 (H) "Will" or "cpdiciL" the presence of the said testat 
 
 Specif)/ lli the interlinea- 
 uSSi l '1%Z'^'''',n,d''',n'r'h< And having particularly observed the following alteration 
 written on erasures, and name 
 o%2%3 Sktht ';:::■:,:;'. ^ appearing in the said (») namely, the 
 
 „., ' I further make oath and say that the said recited alteration ( ,5 ) 
 
 (16) "Will or "codicil. J 
 
 (171 In case the alterations mnrle nnr! written in the Rnifl O") 
 
 were made after execution, 
 strikeout from 15 and insert 
 
 i"'iie' s'lid'u'iH a"'the'sam" as the same now appear previously to the execution thereof (") 
 ii.iw appear previously to the 
 
 execution thereof, hut at some JnJ OTE- _ If execution tea* In/ nmkina <i mark Ihr last clause given in the 
 period sntaetvaed thereto. J form ^ paga $ mugt , n . aMed 
 
 Sworn by the said ~\ 
 
 at J- 
 
 on the day of J 
 
 Before me 
 Or style of other person 
 
 authorised to administer oaths _ . . , .._ 
 
 under the Act. A Commissioner for oaths. 
 
 N.B.— The following exhibit, to be Bigned by the Commissioner, to be put on the will (or 
 codicil) referring to this affidavit : -"This is the testamentary paper writing, or will, referred 
 to in the annexed affidavit of sworn on the nay of 18 
 
 Before me 
 A.B. 
 
 A Commissioner, etc." 
 (See page 40.)
 
 \'2('< Tin' Practitioner's Probate Manual. 
 
 [Affidavit of attesting Witness in proof of the due execution of a will 
 or codicil dated after 31st December, 1837.] Page 2. 
 
 Ill the $trjh Court of Justice. 
 
 I'KM'.ATK, MVnlM'K AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 THE REGISTRY. 
 
 I N the goods of deceased. 
 
 Insert the name, resi- 
 dence, tide, profession, I of 
 business, or addition of 
 the deponent . 
 
 1. Or "do solemnly, make oath ( ' ) that t am one of (lie subscribing witnesses to I He C J ) 
 sincerely, and truly 
 
 iitlirm ii nd declare" 
 
 that, etc. ' as ' 1 w i" and testament, of 
 
 2. Or " to the codicil 
 to the " or " the first, 
 
 second, etc., codicil to °* (') deceased, the said (') 
 
 the" last will, etc., as 
 
 the case may be. , . , , , , 
 
 3. Insert name resi- ' iem £ now hereunto annexed, bearing date the day of 
 
 dence, title, profession, 
 
 business, or addition of _ .. , . ,. , , , . 
 
 ij ecease d One thousand eight hundred and 
 
 Or " formerly of," 
 
 et 4* "' 'will "^o /'''^^- and that the said te8tat executed the said ( 5 ) 
 
 dicil." 
 
 ,. :. ,, "'" on the day of the date thereof, by signing his name at the foot or end 
 
 6. Or " in the testimo- 
 nium clause thereof " tnereof ia\ as the same now appears thereon, in the 
 or " m the attestation rtr. t 
 clause thereto," as the 
 
 case may be, followed p resence f me a nd c) f the other subscribed 
 
 in either of these cases 
 by these words," mean- 
 ing and intending such w it ness thereto, (') of us being present at the same time, and 
 recited signature m 
 final and due execution 
 of his said will." we thereupon attested and subscribed the said ( H ) 
 
 7. " Both" or "all." 
 
 8. "Will " or "co- 
 dicil." in the presence of the said testat 
 
 Note. — If execution of the will wns by murk, form on page 127 must be used. 
 
 Sworn at ^ 
 
 on the day of V 
 
 18 J 
 
 Before me, 
 
 A Commissioner for oaths. 
 N.B. — The following exhibit clause, to be signed by the Commissioner, to be put on the will or 
 codicil : " This is the testamentary paper writing, or will, referred to in the annexed affidavit of 
 sworn on the day of 18 ." 
 
 Before me 
 
 A.B., 
 
 A Commissioner, etc. 
 {See page 40.)
 
 The Practitioner' 's Prolate Manual. 1'27 
 
 \A(jlilnrii <>/' fi./ti'sfiin/ IIV/how a.s- /o <v ii'shifurs knowledge of the contents 
 
 of his will (or codicil).] Page 2. 
 
 |n Ihr tfiiqh (Court of dustier 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the goods of deceased. 
 
 (1) Insert name, resi- , ,,, 
 dance and addition of 
 
 ili']Kiiii'iit. . . 
 
 (2) Or " do solemnly, make oath and say ('-') Unit I am one of the subscribim: witnesses to 
 sincerely, and truly 
 
 affirm and declare." tlie (*) last will and testament of (*) 
 
 CO " Codicil to the" 
 or" to the first, second, f (s) deceased, the said («) 
 
 third, etc., codicil to ' ' 
 Gob" at the cote may be. 
 
 (4 & 5) Insert name, hcing now hereunto annexed, and hearing date the 
 residence and addition 
 of the deceased. day of One thousand eight hundred and 
 
 (6) "Will " or "co- 
 
 ^ ii urn » << and that the said testat executed the said (') 
 
 (7) Will or co- 
 dicil." 
 
 (8) " Signing h on the day of the date thereof by ( 8 ) at the foot or 
 name," «/• " making 
 
 (9) Or " in the testi- snd thereof (») as the same now appears thereon, in 
 uioniiim clause there- 
 of," or " in the attesta- tne presence of me and of (*") the other subscribed 
 tion clause thereto," «.* 
 
 the cage may he, followed .. ,,,, ., . ,,„, r , . . . 
 
 in either of these cases Wltness (") theret0 <"> of U8 1,em * l 5resent at 
 
 by these words " mean- 
 ing and. intending such the same time, and we thereupon attested and subscribed the 
 recited signature in 
 
 final and due execution sai(1 (13) j n tne presence of the said testat 
 
 of his said will." 
 
 (10) Insert name or 
 names of the other sub- 
 scribing witness or wit- 
 nesses. And I further make oath and say, that previously to the execution 
 
 (11) Or " witnesses." 
 
 (12) " Both" or "all." f the said ("I by the said testat the same was 
 
 (13) "Will" or " co- 
 
 ' ' (14) " Will " or " co- read over t0 h b y( 15 ) ancl he the said testat 
 
 dicil." 
 
 (15) "Me" or "by at such time seemed thoroughly to understand and approve of the 
 A. II.. in my presence." 
 
 (10) "Will" or "co- contents of h said ( ,0 ) 
 died. 
 
 Sworn by the said "| 
 
 at on the 
 
 day of ,18 J 
 
 Or style of other per- Before me, 
 
 son authorised to ad- . _ . . 
 
 minister oaths under A Commissioner for oaths. . 
 the Act. 
 
 N.B. — The following exhibit clause, to be signed by the Commissioner, to be put on the will 
 (or codicil) referring to this affidavit : " This is the testamentary paper writing or will referred 
 to in the annexed affidavit of sworn on the day of , 18 ." 
 
 Before me, 
 
 .f. /;., 
 
 A Commissioner, etc. 
 (See page 40.)
 
 128 The Practitioner*8 Probate Manual 
 
 | Affidavit to lead Registrar's Order assigning a guardian of an infant 
 fo tnkf ij rant. | Page 7 1. 
 
 |n the %nqh (Kottri of fustier. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THK PRINCIPAL REGISTRY. 
 
 i N the •-' is of deceased. 
 
 I of make oath and say as follows : — 
 
 1. Tlmt Die silid of deceased, died at OH the 
 day of is , intestate, a widower, leaving spinster, his 
 natural and lawful and only child, who is now an infant, to wit, of the age of four 
 
 years and upwards, hut under the age of seven \ ears, and who, as 1 am advised, ie 
 therefore bylaw incapable of acting in her own name, and of electing a guardian 
 to act on her part and behalf, and that there is no testamentary or other lawfully 
 appointed guardian of the said infant. 
 
 2. I am the lawful grandfather and one of the next-of kin of the said infant, 
 'and I am ready and willing to undertake the guardianship of the said infant for 
 
 the purpose of taking letters of administration of the personal estate of the said 
 deceased, for the use and benefit of the said infant until she shall 
 attain the age of twenty-one years. 
 Sworn at, etc. 
 
 THE 
 
 REGISTRY, 
 
 
 IN the goods of 
 
 
 I 
 
 
 of 
 
 1. 
 
 The said 
 
 
 day of 
 
 IS 
 
 , at 
 
 [Affidavit as to Identity of Executor.] Page 6. 
 |« the *)ic|b (Court of jUisticc. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 deceased, 
 make oath and say as follows : — 
 of deceased, died on the 
 
 having made and duly executed his last 
 will and testament hereunto annexed bearing date the day of 
 
 IS , and thereof appointed me, this deponent, sole executor. 
 
 2. That the said testator described me in his said will as his nephew, but as a 
 matter of fact I am not the nephew of the deceased, but am the lawful nephew of 
 
 the lawful wife of the said deceased. 
 
 3. That the said deceased in his lifetime always spoke of and referred to me as 
 his nephew and that he during his lifetime informed me of his intention to appoint 
 me executor of his will. 
 
 4. That I am well acquainted with the family and relatives of the said 
 deceased, and that to the best of my knowledge and belief the said deceased has 
 not and never had a nephew of the name of 
 
 5. That I am the only person of the name of residing at 
 
 as described in the said will. 
 Sworn, etc.
 
 T/ir Practitioner' 8 Probate Manual '. 129 
 
 [Affidavit as to validity <>/ Scotch Copy Will which has not been 
 confirmed.'] Page 8. 
 
 (Usual Heading). 
 
 I of , Writer to the Signet in Scotland, 
 
 make oatli and Bay us follows : — 
 
 1. That l have Fall knowledge of the laws and constitutions of the Kingdom 
 
 of Scotland anil have perused the copy of the will of of 
 
 deceased, now hereunto annexed, which will is on record in the books 
 of the for the county of 
 
 2. That the said will is duly made in accordance with and conforms to and is 
 valid by the said laws and constitutions of Scotland. 
 
 '■i. That the said official copy hereunto annexed is by the said laws and con- 
 stitutions equivalent in all respects to the original, and that such copy would he 
 received in all Courts in Scotland as making faith in judgment equally with the 
 original, and that confirmation by the Commissary Court of Scotland is granted on 
 production of such official copy. 
 Sworn, etc. 
 
 [Affidavit as to validity of will.] Page 9. 
 
 (Usual Heading.) 
 I of [description] make oath and say 
 
 as follows : — 
 
 1 That I am [state qualification such as " adcocate""] and have full knowledge 
 of the laws and constitutions of the Empire [or Republic or as the case may be] of 
 
 2. That I have perused the last will and testament of the said 
 of deceased, now hereunto annexed, bearing date the day of 
 
 18 , and I make oath and say that the said will is duly made in accordance with 
 and conforms to and is valid by the said laws and constitutions of the said Empire 
 of 
 Sworn, etc. 
 
 [Affidavit as to Lunacy.] Page 74. 
 
 (Usual Heading.) 
 We of physician and of 
 
 asylum attendant, respectively make oath and say as follows : — 
 
 1. And first I the said make oath and say that 
 
 (who is, as I am informed and verily believe, the natural and lawful father and 
 next-of-kin of the said spinster, deceased) has been for the period 
 
 of years last past attended by me in my professional capacity, he being an 
 
 inmate of the Lunatic Asylum, where he now is under the care of 
 
 my co-deponent the said and that the said has been for 
 
 many years anil now is a person of unsound mind and totally incapable of manag- 
 ing his affairs or of doing any act or thing whatever which requires the exercise 
 of judgment or thought and that he is not likely soon to recover the use of his 
 mental faculties. 
 
 2. And I the said make oath and say that I am an attendant at 
 the said lunatic asylum where the said is now under restraint and 
 confined, and that the said Ins been for the period of years 
 confined in the said lunatic asylum and has there been under my care by reason of 
 the fact that he is a person of unsound mind and that he now is a lunatic and 
 totally incapable of managing himself pi his affairs. 
 
 Sworn, etc. 
 
 K
 
 L30 The Practitioner's Probate Manual. 
 
 {Affidavit of handwriting .\ Page 4. 
 I" % W l $k &o\ul of Justin. 
 
 PROBATE, DIVORCE AND ADMIRALTY. SESSION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the goods of deceased. 
 
 I, CD., of in the county of (trade), make 
 
 oath that I knew and was well acquainted with A. B., of 
 in the county of (trade), deceased, who died on the 
 
 day of 18 at 
 
 | and had at the time of his death a fixed place of abode at 
 
 within the district of the county of | lor many years 
 
 before and down to the time of his death, and that daring such period I have 
 frequently seen him write, and also subscribe his name to writings, whereby I have 
 become well acquainted with his manner anil character of handwriting and sub- 
 scription, and having now with care and attention perused and inspected the paper 
 writing hereunto annexed, purporting to be and contain the last will and testament 
 of the said deceased, bearing date the day of 18 
 
 beginning thus " "ending thus" "and 
 
 being thus subscribed " A. B. " [or as the case may be'], I further make oath, that I 
 verily and in my conscience believe the whole body, series and contents of the said 
 will, together with the names "A. B." subscribed thereto as aforesaid [or, as the 
 case may bo], to be of the true and proper handwriting and subscription of the said 
 deceased. 
 Sworn, etc. 
 
 [Affidavit of justification of sureties.] Pages 61, 74. 
 fit iljr iigb Court of $asii«. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the goods of , deceased. 
 
 We, A. B„ of (trade), and C. D., of (trade), 
 
 jointly and severally make oath that we are the proposed sureties on behalf 
 of E. F., the intended administrator of all and singular the personal estate 
 of , of (trade), deceased, in the 
 
 penal sum of (here insert full amount of bond, with shillings and pence, if any), far 
 his faithful administration of the said personal estate of the said deceased ; 
 and I, the said A. B., for myself further make oath, that I am, after payment 
 of all my just debts, weU and truly worth in real and personal estate the 
 sum of £ s. d.* ; and I, the said 0. P., for myself further make oath 
 that I am, after payment of all just debts, well and truly worth in real and personal 
 estate the sum of £ s. d.* 
 Sworn by both the above-named \ 
 
 deponents at 
 he 
 Before me, 
 
 A Commissioner for oaths. 
 
 ' The gross amount of the personal estate of the deceased. 
 
 on the day of 18 f
 
 The Practitioner's Probate Manual. L31 
 
 [Affidavit ofpliyht and condition of amljmdvng of will.] Page 5. 
 #n % $igrj Court of |usticc. 
 
 PROBATE, DIVORCE ANh ADMI I! A I.TY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 tNthegoodsof deceased. 
 
 /, C. D„ of in tiie count \ of (trade), 
 
 make oath that I am the sole executor named in the paper writing now hereunto 
 annexed, purporting to be and contain the last will and testament of A. B., of 
 
 (trade), deceased, who died on the 
 day of 18 , at , [and had at the time of his 
 
 death a fixed place of abode at , within the district of the county 
 
 of ], the said will hearing date the day of 
 
 18 , and having viewed and perused the said will and 
 particularly observed [here describe the plight and condition of the will or any other 
 mutter* requiring to he accounted for, and net forth the finding of the will in Us present 
 state, and, if possible, trace the will from the possession of the deceased up to the time of 
 making the affidavit |, I, the deponent, lastly make oath that the same is now in all 
 respects in the same state, plight and condition us when found by me [or us the case 
 mag /»'] as aforesaid. 
 Sworn, etc. 
 
 [Affidavit as to British Status.] Page 9. 
 
 %\x tbc '$iqb (f ourt of Justice. 
 
 Sworn at, etc. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the goods of deceased. 
 
 j f make oath and say as follows :— (1) lam 
 
 the sole executor named in the last will and testament of the said 
 
 of now hereunto annexed bearing date the day of 18 . 
 
 (2) That the said will was made at (3) That the 
 
 deceased was a British subject ami born of English parents at 
 and that h domicil of origin was English. 
 
 K2
 
 132 The Practitioner's Probate Manual 
 
 [Affidavit of search.] Page 8. 
 h\ the ¥)igb (fourt of justice. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION 
 (PROBATE.) 
 
 'I'll I'. REGISTRY. 
 
 I N the goods of deceased. 
 
 I, ('. D., of , in the county of , make oath Chat 
 
 I am the sole executor named in the paper writing hereunto annexed, purporting 
 to be and contain the last will and testament of A. B., of 
 
 deceased, who died on the day of 18 , at , 
 
 [and had at the time of his death a fixed place of abode at within 
 
 the district of ], the said will beginning thus " ," 
 
 ending thus " " and being thus subscribed " ." And 
 
 referring particularly to the fact that the blank spaces originally left in the said 
 will for the insertion of the day and month of the date thereof have never been 
 Supplied (or as the case may be). I further make oath, that I have made inquiry of 
 K. F., the solicitor of the said deceased, and that I have also made diligent and 
 careful search in all places where he, the said deceased, usually kept his papers of 
 moment and concern, anil in his depositories, in order to ascertain whether he had 
 or had not left any other will, but that I have been unable to discover any such 
 will. And I lastly make oath, that I verily believe the said deceased died without 
 having left any will, codicil, or testamentary paper whatever, other than the said 
 will by me hereinbefore deposed of. 
 Sworn, etc. 
 
 [Affidavit of reason of delay.] Page 7. 
 
 (Heading as Above.) 
 I NT the goods of deceased. 
 
 I, 
 
 the Party applying for 
 of 
 of 
 
 deceased, who died on the 18 
 
 make oath and say as follows :— 
 
 That the only personal estate and effects which the said deceased died 
 possessed of consisted of* 
 
 That I am now applying for the said 
 for the purpose only of 
 Sworn at, etc. 
 
 [Certificate of reason of delay.] Page 7. 
 (Heading as Above.) 
 I of the party applying for probate of the will 
 
 [or administration of the personal estate] of of 
 
 deceased, do hereby certif y that the reason why I have not sooner applied for the 
 suid probate [or administration] is that the only personal estate of which the said 
 deceased died possessed consisted of* 
 
 and that the said grant is now required for the purpose of 
 and for no other purpose. 
 
 (Signed) 
 I believe the above to be true. 
 
 (Signed) solicitor. 
 
 •Particulars and value of the personal estate should be set out and if the estate to be 
 administered (•(insists of a share under a will or intestacy full information and 
 dates of death should be given.
 
 deceased. 
 
 The Practitioner '.s Probate Manual. L33 
 
 [Caveat.] Page 116. 
 |n the ¥iicil) (fourt of Justice. 
 
 (PROBATE DIVISION.) 
 THE BEGI8TRT. 
 
 Insert aanw, real- Let nothing be done in the g0 ods of 
 dence, and title, pro- b * 
 
 Cession, business, or 
 addition of deceased. 
 
 Here insert all refer- 
 ences at date of death. 
 
 of 
 Insert names, resi- deceased, who died on the day of One thousand 
 
 cienees, and titles, pro- ei ht nun(irec i and llt [ an ,l had „,. the 
 
 fessions, business, or . , ' 
 
 additional of Cavea- tlme °t death a fixed place of abode at 
 
 tors. aforesaid, within the District of ] 
 
 unknown to 
 
 of having interest. 
 
 Dated day of 18 
 
 (Signed) 
 
 [Declaration of personal estate.] Pages 71, 74. 
 
 |u the fuqb <f ourt of lustier. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 THE REGISTRY. 
 
 IN the goods of deceased. 
 
 A true declaration of all and singular the personal estate of A. Ji. 
 
 of (trade), deceased, who died on the 
 
 day of 18 , at 
 
 [having at the time of h death a fixed place of abode at 
 
 aforesaid, within the district of the county of ], which has 
 
 at any time since h death come into the hands, possession or knowledge 
 
 of C. D., the intended administrator [or the intended administrator (with the will 
 annexed) ] of the said estate, made and exhibited upon and by virtue of the corporal 
 oath of the said C. 75. , follows, to wit : 
 
 First, this declarant declares that the said deceased was at the time of h 
 death possessed of or entitled to — 
 
 (Here copy details from schedule of Inland Revenue Affidavit). 
 
 Lastly, this declarant saith that no personal estate of or belonging to the said 
 deceased has at any time since h death come to the hands, possession or 
 
 knowledge of this declarant, save as is hereinbefore set forth. 
 
 On the day of 18 
 
 the said C. D. was duly sworn to the truth of the 
 above declaration, at in the county 
 
 of 
 
 Before me, 
 
 A Commissioner, etc.
 
 134 The Practitioner's Probate Manual. 
 
 [Oath of executor (or administrator), where the domicile is to be noted 
 when grant passes.] Page 18. 
 
 gn tbc Jjigjj olouit of justice. 
 
 PROIUTK, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 TDK REGISTRY. 
 
 I N the Roods of deceased. 
 
 I (here take in oath for oxocutor (Chap. 2), or administrator (Chap. 9), as the 
 case maybe, until arriving at the words "whenever required by law so to do," 
 Him follows, that the said deceased died domiciled in England, and that the Rross 
 personal estate of the said testator [or intestate'] in the United Kingdom is of 
 the value of £ s. d. , and no more, to the best of my knowledge, 
 
 information and belief. 
 Sworn, etc. 
 
 [Affidavit to lead Principal Registrar's Order for notation of domicile 
 after probate has passed the seal.] Page 101. 
 
 |n ljjc $igl) aLfluri of |u8tite. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the goods of A. B., deceased. 
 
 I, of 
 
 in the county of , make oath that 
 
 of 
 in the county of deceased, died on the 
 
 day of at aforesaid 
 
 and was at the time of h death domiciled in that part of the United Kingdom 
 called England, and that 
 
 granted to me by the High Court of Justice at the 
 
 Probate Registry thereof at on the 
 
 day of and that the personal 
 
 estate of the said deceased which h any way died possessed of or entitled to 
 within the United Kingdom of Great Britain and Ireland, and for or in respect of 
 which the said granted 
 
 exclusive of what the said deceased may have been possessed of or entitled to as a 
 Trustee for any other person or persons and not beneficially, but including all such 
 personal estate as the said deceased under any authority entitling h to dispose 
 
 of the same as h might think fit, has disposed of by h said will, and without 
 deducting anything on account of the debts due and owing from the said deceased 
 were altogether of the gross value of £ and no more to the best of my 
 
 knowledge, information and belief. 
 
 And I further make oath that a part of the said personal estate of the said 
 deceased, of the value of £ was in England, and a 
 
 farther part thereof, amounting in value to the sum of £ 
 
 and more particularly mentioned and set forth in the schedule hereunto annexed 
 was in Scotland, and that the said deceased was at the time of h 
 
 death possessed of or entitled to personal estate in Ireland 
 
 to the best of my knowledge, information and belief. 
 Sworn, etc. 
 
 THE SCHEDULE REFERRED TO. 
 
 (Here set out particulars of personal estate in Scotland.) 
 A. B. C. D. 
 
 Executor. Commissioner.
 
 The Practitioner's Probate Manual. 135 
 
 [.Election of Guardians — Administration.] Page 70. 
 $u % |)igb ^°" rt °f fustier. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 THE REGISTRY. 
 
 IN the goods of deceased 
 
 WHEREAS A. B., of in the county of 
 
 (trade), deceased, died on the day of 18 at 
 
 a widower and intestate, [having at the time of his death a fixed place of abode 
 at aforesaid, within the district of the county of 
 
 ], leaving C. D., spinster, E. F. and 67. H., his natural and lawful children, 
 
 and only next-of-kin, who are now in their minority and infancy respectively, to wit, 
 
 the said C. D. being a minor of the age of years only, the said E. F. 
 
 being a minor of the age of years only, and the said G. H. being an 
 
 infant of the age of years only. 
 
 M)\V we, the said C. D. and E. F., do hereby make choice of and elect /. •/., 
 
 of (trade), our lawful grandfather and only next-of-kin, to be our 
 
 curator and guardian for the purpose of taking out letters of administration of the 
 
 personal estate of the said intestate to be granted to him for our use and benefit 
 
 and until one of us shall attain the age of 21 years. 
 
 Signed by the said C. D. and E. F., on 
 
 the day of 
 
 18 , in the presence of 
 
 (Name, residence, and occupation of a disinterested witness.) 
 
 [Election of Guardian — Administration — Will.] Page 58. 
 
 (Heading as Above.) 
 
 WHEREAS of deceased,, died on the day of 
 
 18 , at having duly made and executed his last will and testament 
 
 bearing date the day of 18 , and thereof appointed 
 
 and who have duly renounced probate and execution thereof. 
 
 AND WHEREAS the said testator by his said will appointed his daughter 
 spinster, his sole residuary legatee. 
 
 AND WHEREAS the said is now a minor of the age of 
 
 years and upwards but under the age of 21 years. 
 NOW I the said do hereby make choice of and elect 
 
 of my lawful uncle, and one of my next-of-kin, to be my curator and 
 
 guardian for the purpose of taking out letters (if administration (with the said will 
 annexed) of the personal estate of the said deceased to be granted to him for my use 
 and benefit and until I shall attain the age of 21 years. 
 
 Signed, etc.
 
 L36 The Practitioner' a Probate Manual. 
 
 | /'itK'i-r of attorney to take administration ivith rvill.] Page 60. 
 
 WHEREAS HKNiiY .kinks, of Hi" tii v and county of Newcastle- 
 upon-Tyne, grocer, deceased, died cm Lin; 12th day of August, 1H82, at 
 Newcastle-upon-Tyne aforesaid, having at the time of his death a fixed 
 place of abode at the city and county of Newcastle-upon-Tyne aforesaid, 
 within the district of the county of Northumberland, having made and 
 duly executed his last will and testament, bearing date the 15th day of 
 -< £> July, 1882, and thereof appointed his nephews, William Jones and Thomas 
 
 ? £ Jones, executors. 
 
 £>o 
 
 Now, we the said William Jones, hotel-keeper, and Thomas Jones, hotel-keeper, 
 
 "^ji " l present residing at in the city of Paris, in the Republic of 
 
 3 fe France, do hereby nominate, constitute and appoint William .Smith, of the city 
 
 and county of Newcastle-upon-Tyne aforesaid, printer, to he our lawful attorney 
 
 S & for the purpose of obtaining administration (with the said will .annexed) of the 
 
 ■£ personal estate of the said testator, to be granted to him for our use and benefit, 
 
 S and until we shall duly apply for and obtain probate of the said will to be granted 
 
 tons; and we hereby promise to ratify and confirm whatever our said attorney 
 
 shall lawfully do <u- cause to be done in the premises. 
 
 In witness whereof we have hereunto set our hands and seals, this 8th day 
 of November, in the year of our Lord, 1882. 
 Signed, sealed and delivered by"! 
 the said William Jones and I 
 'flic anas Jones in the presence I 
 
 of J (L.S.) 
 
 [ To be witnessed by one disinterested 
 jierson who should add his address 
 and ucci<i>atio)i.^\ 
 
 [Potver of attorney of next-of-kin of an intestate.'] Page 73. 
 
 ^ WHEREAS, ANDREW BROWN, of John Street, in the city of Durham, 
 brewer, deceased, died on the 25th day of January, 1882, at John Street 
 
 3 aforesaid, a bachelor and intestate, having at the time of his death a fixed 
 
 o place of abode at John Street aforesaid, within the district of the county 
 
 .3 of Durham, and leaving John Brown, his natural and lawful father, and 
 
 ■£ next-of-kin, him surviving. 
 
 a 
 
 o ^ NOW, I, the said John Brown, at present residing at Ross, in the Province of 
 
 3 £ Westland, in the Colony of New Zealand, miner, the natural and lawful father, and 
 
 £,3 next-of-kin of the said intestate, do hereby nominate, constitute and appoint 'I homae 
 
 &a Smith, of the said city of Durham, draper, to be my lawful attorney for the purpose 
 
 ■- of obtaining letters of administration of the personal estate of the said intestate, to 
 
 g be granted to him for my use and benefit, and until I shall duly apply for and obtain 
 
 letters of administration of the personal estate of the said intestate to be granted to me. 
 
 g And I hereby promise to ratify and confirm whatever my said attorney shall lawfully 
 
 * do or cause to be done in the premises. 
 
 £ In witness whereof I have hereunto set my hand and seal, this 5th day of 
 
 March, in the year of our Lord, 1882. 
 
 Signed, sealed and delivered by the^l 
 said John Brown in the presence > 
 of J (L.S.)
 
 The Practitioner * Probate Manual. L37 
 
 \ Renunciation of probate and administration with the will annexed.] 
 
 Page 16. 
 I'll the ¥)ic\b Couri of dustier. 
 
 PROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 (1) Insert name only IN the goods of (•) deceased, 
 of deceased. 
 
 (2) Insert name, resi- WHEREAS (") of (») 
 dsnee, title, profession, 
 
 bnaiiiesB or addition of difldonthe day of 18 ,at 
 
 deceased. 
 
 ,„ _ .„ , c ., Thaving at the time of (*) li death a fixed place of abode at 
 
 (:tl Or "formerly of, L & 
 
 etc., "bat of late," etc. 
 
 aforesaid, within the district of the county of ], having 
 
 (4) " His "or" her." 
 
 made and duly executed ( s ) last will and testament (") 
 
 (5) "His "or " her." 
 
 bearing date the day of 18 
 
 (G) " With one co- „.,,.„. 
 
 dicil " or with " (') a nd thereof appointed his (here insert 
 codicils " thereto as the 
 
 case may be. relationship, if any) ( 8 ) executor 
 
 (7) If any codicils .„. 
 their dates should be * ' 
 also inserted. 
 
 (8) Or, "and of his NOW, the said ( ,n ) do hereby declare 
 said will or codicil 
 
 appointed," as the case . . , . __ 
 
 mtL-y hp that have not intermeddled m the personal estate and effects ot 
 
 (9) " And universal Hie said deceased, and will not hereafter intermeddle therein with 
 (or residuary) legatee 
 
 m trust," or as the case intent to defraud creditors, and do hereby expressly renounce all 
 
 may be. 
 
 right and title to the probate and execution of the said will 
 
 (10) If therenunciant 
 
 ster " or "wife of " ( ll ) (or the Letters of Admiiiistrafio)/ with the said will 
 
 she should here be so . -. 
 
 described. annexed, of the pergonal estate and effects of the said deceased, as the case 
 
 (11) " And codicils," maybe), 
 if any. 
 
 Signed by the said this ~j 
 
 day of 18 in the > 
 
 presence of J 
 
 (One disinterested witness sufficient, who should 
 add his residence and addition to his signature).
 
 L38 
 
 The Practitioner's Probate Manual. 
 
 [Renunciation of administration.] Page 68. 
 
 h\ the Viiqli (Court of h\s(m. 
 
 PROBATE, DIVORCK A NO ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the goods of 
 
 WHEREAS 
 
 count; ni 
 
 18 ,at 
 
 [having at the time of h death a fixed place of abode at 
 aforesaid, within the district of the county of 
 
 Insert name only of 
 deceased. 
 
 [Insert the name, 
 residence and title, pro- 
 fession, business or ad- 
 dition of the deceased, 
 at full length.] 
 
 (1) " A bachelor," 
 " spinster," " widow- 
 er," or otherwise. To be 
 varied according to the 
 fact. 
 
 , ( 2 i " His natural and i eav i n ,r (name of renunciant) ( 2 ) 
 lawful child (or chil- 
 dren), or one, two, etc., 
 of his natural and law- 
 ful children, or we are 
 his [insert relationship] 
 and one, two, etc., of 
 his next-of-kin," or 
 otherwise.and showing 
 his, her or their degree 
 as kindred to the de- 
 ceased. See Chap. 8 & 9. 
 
 
 deceased. 
 
 of 
 
 in the 
 
 deceased, died on the 
 
 day of 
 
 intestate, (') 
 
 
 NOW 
 
 (3) If renunciant is a 
 " widow," " spinster," 
 or " wife of ," it 
 
 must be here shown. do hereby expressly renounce all 
 
 the said (*) 
 
 right and title to letters 
 
 <iuired insert"" and do °^ administration of the personal estate and effects of the said 
 
 also hereby expressly 
 
 consent that letters of deceased. (*) 
 
 administration be 
 
 f ranted to my 
 
 here insert relation- 
 ship]." 
 
 Signed by the said 
 
 this day of 18 
 
 in the presence of 
 
 (One disinterested witness sufficient, 
 who should add his residence and addition 
 to his signature.)
 
 The Practitioner' '« Probate Manual. 
 
 L39 
 
 [Renunciation of guardianship.] Page 57. 
 
 |n iljc Dtglj Court of $ustue. 
 
 o ft 
 
 .d - 
 
 — O 
 
 l'ROBATE, DIVORCE AND ADMIRALTY DIVISION. 
 (PROBATE.) 
 
 THE REGISTRY. 
 
 IN the goods of 
 
 deceased. 
 
 V O 
 
 3 OS 
 
 WHEREAS of in the county of 
 
 deceased, died on the day of 
 
 18 , at [having at the time of his death a fixed place of abode 
 
 at aforesaid, within the district of the county of ] 
 
 having made and duly executed his last will and testament, bearing date the 
 day of 18 , anil thereof appointed 
 
 sole executor and universal legatee, who is now in his minority, to 
 wit, a minor, of the age of years only. 
 
 AND WHEREAS I, the undersigned am the natural and 
 
 lawful and only (or " one of the") next-of-kin of the said minor. 
 
 NOW I, the said do hereby expressly renounce all my right and title 
 
 and to the Duration or guardianship of the said minor. 
 
 Signed by the said 
 on the day of 18 
 
 (Name, residence and occupation of a disinterested witness.)
 
 1 1<» The Practitioner' 8 Probate Manual. 
 
 CHAPTER 18. 
 
 RULES, ORDERS AND INSTRUCTIONS 
 
 FOB THE 
 
 PRINCIPAL AND DISTRICT REGISTRARS 
 
 OF 
 
 HER MAJESTY'S COURT OF PROBATE, 
 
 Made under the Provisions of the Statute* 20 & 21 Yic. 
 c. 77, and 21 & 22 Vic. c. 95, 
 
 IN RESPECT OF 
 
 NON-CONTENTIOUS BUSINESS. 
 
 The following Rules apply to the Principal and District 
 Registries. The Principal Registry Rules took effect 
 on 1st September, 1862, and the District Registry Rules 
 on the 2nd day of March, 1863. The words specially 
 applicable to District Registries are in brackets. 
 
 NON-CONTENTIOUS BUSINESS shall include all 
 common form business as defined by the Court of Probate 
 Act, 1857, and the warning of caveats. 
 
 1 P.R. and 1 D.R. — Application for probate or 
 letters of administration may be made at the Principal 
 Registry in all cases. [Application may also be made at a 
 District Registry in cases where the deceased, at the time 
 of his death, had a fixed place of abode within the District 
 in which the application is made, and not otherwise.]
 
 The Practitioner's Probate Manual- 141 
 
 2 P.R. and 2 D.R. — Such applications may be made 
 through a proctor, solicitor, or attorney, or in person by 
 executors and parties entitled to grants of administration. 
 
 [3 D.R. — The District Registrar, before he entertains 
 any application for probate or letters of administration, must 
 ascertain that the deceased had, at the time of his death, 
 a fixed place of abode within his district.] 
 
 3 P.R. and 4 D.R. —The [District] Registrar is not to 
 allow probate or letters of administration to issue until all the 
 enquiries which he may see fit to institute have been answered 
 to his satisfaction, [and this refers more particularly to appli- 
 cations made in person by executors and others.] The 
 [District] Registrar is, notwithstanding, to afford as great 
 facility for the obtaining grants of probate or administra- 
 tion as is consistent with a due regard to the prevention 
 of error or fraud. 
 
 [5 D.R. — No District Registrar or clerk in the District 
 Registry shall directly or indirectly transact business for 
 himself, or as the proctor or solicitor of any other person in 
 11 in District Registry to which he has been appointed.] 
 
 AS TO PROBATE OF WILLS AND CODICILS AND 
 LETTERS OF ADMINISTRATION WITH THE 
 WILL [OR WILL AND CODICILS] ANNEXED. 
 WHERE THE WILLS AND CODICILS ARE 
 DATED AFTER 31st DECEMBER, 1837. 
 
 Execution of a will. 
 
 [6 D.R. — Upon receiving an application for probate or 
 letters of administration with the will annexed, the District 
 Registrar must inspect the will and each codicil, and see 
 whether by the terms of the attestation clause (if any) it
 
 1 r_> The "Practitioner* a Probate Manual. 
 
 is si i own that the same have been executed in accordance 
 with the provisions of statutes 1 Vic. c. 26, and 15 Vic. 
 o. 24.] 
 
 4 P.R. and 7 D.R. — If there be no attestation clause in a 
 will or codicil presented for probate, or if the attestation 
 clause thereto be insufficient, the [District] Registrar must 
 require an affidavit from at least one of the subscribing wit- 
 nesses, if they or either of them be living, to prove that the 
 provisions of 1 Vic. c. 26, s. 9, and 15 Vic. c. 24, in reference 
 to the execution were in fact complied with. 
 
 \Ja. The practice of registering affidavits shall be dis- 
 continued, and in lieu thereof a note, signed by the District 
 Registrar, shall be inserted on the engrossed copy, will, 
 or codicil annexed to the probate or letters of administration, 
 and registered, to the effect that affidavits of due execution, 
 of domicile, or as the case may be, have been filed. 
 Provided, that in cases presenting difficulty the affidavits 
 themselves may still be registered, with the consent of a 
 Registrar of the Principal Registry.] 
 
 5 P.R. and 8 D.R. — If on perusing the affidavits of both 
 the subscribing witnesses it appear that the requirements of 
 the statute were not complied with, the [District] Registrar 
 must refuse probate. 
 
 6 P.R. and 9 D.R. — If on perusing the affidavit or affi- 
 davits setting forth the facts of the case, it appear doubtful 
 whether the will or codicil has been duly executed, the [Dis- 
 trict] Registrar [must transmit a statement of the matter to 
 the Registrars of the Principal Registry, who] may require 
 the parties to bring the matter before the Judge on motion. 
 
 7 P.R. and 10 D.R. — If both the subscribing witnesses 
 are dead, or if from other circumstances no affidavit can be 
 obtained from either of them, resort must be had to other
 
 The Practitioner's Probate Manual. 1 !•". 
 
 persons (if any) who may have heen present at the execution 
 of the will or codicil ; but if no affidavit of any such oilier 
 person can be obtained, evidence on affidavit must be pro- 
 cured of that fact and of the handwriting of the deceased 
 and the subscribing witnesses, and also of any circum- 
 stances which may raise a presumption in favour of the 
 due execution. 
 
 Interlineations and alterations. 
 
 8 P.R. and 11 D.R.— Interlineations and alterations are 
 invalid uuless they exist in the will at the time of its execu- 
 tion, or, if made afterwards, unless they have been executed 
 and attested in the mode required by the statute, or unless 
 they have been rendered valid by the re-execution of the 
 will, or by the subsequent execution of a codicil thereto. 
 
 9 P.R. and 12 D.R. — When interlineations and altera- 
 tions appear in the will (unless duly executed, or recited in or 
 otherwise identified by the attestation clause), an affidavit or 
 affidavits in proof of their having existed in the will before 
 its execution must be filed, except when the alterations 
 are merely verbal, or when they are of but small import- 
 ance and are evidenced by the initials of the attesting 
 witnesses. 
 
 Erasures and obliterations. 
 
 10 P.R. and 13 D.R. — Erasures and obliterations are not 
 to prevail unless proved to have existed in the will at the time 
 of its execution, or unless the alterations thereby effected in 
 the will are duly executed and attested, or unless they have 
 been rendered valid by the re-execution of the will, or by 
 the subsequent execution of a codicil thereto. If no 
 satisfactory evidence can be adduced as to the time when
 
 144 The Practitioner's Prolate Manual. 
 
 such emsuros and obliterations were made, and the words 
 erased or obliterated be not entirely effaced, but can upon 
 inspection of the paper be ascertained, they must form part 
 of the probate. 
 
 11 P.R. and 14 D.R. — In every case of words having been 
 erased or obliterated which might have been of importance, 
 an affidavit must be required. 
 
 Deeds, ete., referred to in a will. 
 
 12 P.R. and 15 D.R. — If a will contain a reference to any 
 deed, paper, memorandum, or other document, of such a nature 
 as to raise a question whether it ought or ought not to form 
 a constituent part of the will, the production of such deed, 
 paper, memorandum, or other document must be required, 
 with a view to ascertain whether it be entitled to probate ; 
 and, if not produced, its non-production must be accounted 
 for. 
 
 13 P.R. and 16 D.R. — No deed, paper, memorandum, or 
 other document can form part of a will unless it was in 
 existence at the time when the will was executed. 
 
 Appearance of the paper. 
 
 14 P.R. and 17 D.R. — If there are any vestiges of sealing 
 wax or wafers or other marks upon the testamentary papers, 
 lending to the inference that a paper, memorandum, or other 
 document has been annexed or attached to the same, they 
 must be satisfactorily accounted for, or the production of such 
 ] taper, memorandum, or other document must be required ; 
 and, if not produced, its non-production must be accounted 
 for.
 
 The Practitioner* & Probate Manual. 140 
 
 Married woman's will* 
 
 15 P.R. and 18 D.R. — -In granting' probate of a married 
 woman's will, made by virtue of a power or administration 
 wilh such will annexed, the power under which the will pur- 
 ports to have been made must be specified in the grant. 
 
 Codicils. 
 
 16 P.R. and 19 D.R. — The above rules and orders re- 
 specting wills apply equally to codicils. 
 
 Doubtful cases. 
 
 [20 D.R. — If it be doubtful whether any will or codicil be 
 entitled to probate, or whether any interlineation, altera- 
 tion, erasure, or obliteration ought to prevail, or whether 
 any deed, paper, memorandum, or other document ought 
 to form part of a will or codicil, or if any doubt arise in 
 consequence of the appearance of the paper, or on any 
 other point, the District Registrar must communicate with 
 the Registrars of the Principal Registry.] 
 
 Letters of administration with irill annexed. 
 
 [21 D.R. — The right of parties to letters of administration 
 with the will annexed, and letters of administration with 
 the will annexed de bonis noil, depends so entirely upon 
 the circumstances of each particular case, taken in connection 
 with the wording of the will, that no general rules, other 
 than those which have obtained a judicial sanction, can 
 be laid down for the guidance of the District Registrars. 
 Whenever the right of the party applying is at all 
 questionable, a statement of the case, accompanied by a 
 copy of the will, must be transmitted to the Registrars of 
 the Principal Registry, who will advise thereon.] 
 
 * This rule is repealed l>y sin Order dated the 29tli day <>f March, L887. (See Page 86.) 
 
 L
 
 I Hi The Practitioner's Probate Man no I. 
 
 AS TO PROBATE OF WILLS, CODICILS AND 
 TESTAMENTARY PAPERS RELATING TO 
 PERSONALTY, AND DATED BEFORE THE 
 1st JANUARY, 1838. 
 
 Execution of a will. 
 
 17 P.R. and 22 D.R. — It is not necessary that a will, co- 
 dicil, or testamentary paper dated before 1st January, 1838, 
 should be signed by the testator or attest ed by witnesses to con- 
 stitute it a valid disposition of a testator's personal property. 
 Although neither signed by the testator nor attested by 
 witnesses, it may nevertheless be valid ; but in such cases 
 the testator's intention that it should operate as his will, 
 codicil, or testamentary disposition must be clearly proved 
 by circumstances. 
 
 18 P.R. and 23 D.R. — A will, codicil, or testamentary 
 paper, signed at the end of it by the testator, and attested by 
 two disinterested witnesses (although there be no clause of 
 attestation), is prima facie entitled to probate. 
 
 19 P.R. and 24 D.R. — In cases where a will, codicil, or 
 testamentary paper is attested by two witnesses, such witnesses 
 are not required to have been present with the testator at the 
 same time. It is sufficient if the testator subscribed his name 
 or made his mark to it in the presence of one attesting wit- 
 ness, or produced it with his name ahead}* - written or his 
 mark already made, to one attesting witness, and afterwards 
 produced it to the other attesting witness, provided that on 
 each occasion he declared it to be his will, codicil, or 
 testamentary disposition, or otherwise notified his intention 
 that it should operate as such. 
 
 20 P.R. and 25 D.R.— If the will, codicil, or testamentary 
 paper is signed at the end of it by the testator, but is unat-
 
 The Practitioner' 8 Probate Manual. 147 
 
 tested, and there is nothing to show an intention that it should 
 be attested by witnesses, the affidavit of two disinterested 
 persons, to prove the signature to be of the handwriting 
 of the testator, will bo sufficient to entitle the paper to 
 probate. 
 
 21 P.R. and 26 D.R. — If the will, codicil, or testamentary 
 paper is signed at the end of if by the testator, and attested by 
 one witness only, and there is nothing to show the testator's 
 intention that it should be attested by a second witness, the 
 affidavit of one disinterested person, to prove the signature to 
 be of the handwriting of the testator, will be sufficient to 
 entitle the paper to probate. 
 
 22 P.R. and 27 D.R. — The circumstance of a person being 
 named as an executor in the will, codicil, or testamentary paper, 
 or being interested as a legatee, or as the husband or wife of 
 a legatee under such will, codicil, or testamentary paper, 
 rendered him or her incompetent to become an attesting 
 witness to it, so that if the name of a person so interested 
 appears as that of a subscribing witness to the will, codicil, 
 or testamentary paper, the same, so far as regards his or 
 her attestation, must be considered as unattested, and his 
 or her evidence in support thereof will be inadmissible 
 unless he or she shall first release his or her interest 
 thereunder. 
 
 23 P.R. and 28 D.R.— [The will, codicil, or testamentary 
 paper should appear on the face of it to be a complete docu- 
 ment;] if an attestation clause or the word "witnesses" appear 
 written at the foot of the paper, the same being unattested, or 
 if the paper purport on the face of it to be a draft of a will, 
 the copy of a will, or instructions for a will, it must prima 
 facie be considered as an incomplete paper, and not, save 
 under special oirciimstances, entitled t" probate. 
 
 L2
 
 1 18 The Practitioner's Probate Ma una I. 
 
 Appearance of paper. 
 
 24 P.R. and 29 D.R. — Airy appearance of an attempted 
 cancellation of a testamentary paper by burning, tearing, ob- 
 literation or otherwise, and every circumstance leading to a 
 presumption of abandonment or revocation of sneh a paper on 
 the part of the testator must be accounted for [or explained 
 by affidavits. In such cases the testamentary paper and the 
 evidence taken in support of it should be transmitted to the 
 Registrars of the Principal Registry.] 
 
 Alterations and interlineations. 
 
 25 P.R. and 30 D.R. — Alterations and interlineations 
 made by the testator, if unattested, are to be proved by the 
 affidavits of two persons as to his handwriting. If the same 
 are in the handwriting of any person other than the testator, 
 it will suffice to prove by affidavit that such alterations and 
 interlineations were known to and approved of by the 
 testator. Proof by affidavit that they existed in the paper 
 at the time it was found in the repositories of the testator 
 recently after his death may, under circumstances, suffice. 
 Alterations and interlineations made since the 31st 
 December, 1837, are subject to the provisions of 1 Vic. c. 26. 
 
 Deeds, etc., referred to in a will or annexed to a will. 
 
 26 P.R. and 31 D.R. — With respect to deeds, papers, 
 memoranda, or other documents mentioned in a testamentary 
 paper, or appearing to have been annexed or attached thereto, 
 the foregoing rules, orders and instructions as to wills, bear- 
 ing date since the 31st December, 1837, will apply. 
 
 Re-publication by codicil. 
 
 27 P.R. and 32 D.R.— A will made before the 1st 
 January, 1838, is re-published by a subsequent codicil thereto 
 duly executed.
 
 Tlw Practitioner's Probate Manna/. 1 1!) 
 
 AS TO LETTERS OF ADMINISTRATION. 
 
 [33 D.R. — The duties of the District Registrar in granting 
 Letters of administration are in many respects the same as in 
 cases of probate. In both cases he must ascertain the time and 
 place of the deceased's death, and the value of the property 
 to be covered by the grant, and see that the applicant has 
 been sworn as required by statute 55 Geo. III. c. 184.] 
 
 Notice to other next-of-kin. 
 
 28 P.R. and 34 D.R. — Where administration is applied 
 for by one or some of the next-of-kin only, there being 
 another or other next-of-kin equally entitled thereto, the 
 [District] Registrar may require proof by affidavit or statutory 
 declaration that notice of such application has been given to 
 such other next-of-kin. 
 
 Limited administrations. 
 
 29 P.R. and 35 D.R. — Limited administrations are 
 
 not to be granted unless every person entitled to the general 
 grant has consented or renounced, or has been cited and 
 failed to appear, except under the direction of the Judge. 
 
 30 P.R. and 36 D.R. — No person entitled to a general 
 grant of administration of the personal estate and effects of 
 the deceased will be permitted to take a limited grant, except 
 under the direction of the Judge. 
 
 Administrations undeY section 73. 
 
 31 P.R. and 37 D.R. — Whenever the Court, under s. 73, 
 appoints an administrator other than the person who, prior 
 to the Court of Probate Act, 1857, would have been entitled 
 to the grant, the same is to be made plainly to appear in 
 the oath of the administrator, in the letters of adminis- 
 tration and in the administration bond.
 
 L50 The Practitioner* & Probate Manual. 
 
 Gfrants to an attorney. 
 
 32 P.R. and 38 D.R. — In the case of a person residing 
 
 out of England, administration, or administration with the 
 will annexed, may be granted to his attorney, acting under a 
 power of attorney. 
 
 Grants of administration to guardians. 
 
 33 P.R. and. 39 D.R. — Grants of administration may he 
 made to guardians of minors and infants for their use and 
 benefit, and elections by minors of their next-of-kin or next 
 friend, as the case may be, will be required ; but proxies ac- 
 cepting such guardianships and assignments of guardians to 
 minors will be dispensed with. 
 
 34 P.R. and 40 D.R. — In all cases of infants (i.e., under 
 the age of seven years), not having a testamentary guardian 
 or a guardian appointed by the High Court of Chancery, 
 a guardian must be assigned by order of the Judge, 
 or of one of the Registrars [of the Principal Registry] ; 
 the Registrar's order is to be founded on an affidavit 
 showing that the proposed guardian is either de facto next- 
 of-kin of the infants, or that their next-of-kin de facto has 
 renounced his or her right to the guardianship, and is 
 consenting to the assignment of the proposed guardian, 
 and that such proposed guardian is ready to undertake 
 the guardianship. 
 
 35 P.R. and 41 D.R. — Where there are both minors and 
 infants, the guardian elected by the minors may act for the 
 infants without being specially assigned to them, by order of 
 the Judge or a Registrar [of the Principal Registry], pro- 
 vided that the object in view is to take a grant. If the object 
 be to renounce a grant, the guardian must be specially assigned 
 to the infants by order of the Judge or of a Registrar [of the 
 Principal Registry] .
 
 The Practitioner's Probate Manual. L51 
 
 36 P.R. and 42 D.R. — In all oases where grants of ad- 
 ministration are to be made for the use and benefit of minors 
 or infants, the administrators are to exhibit a declaration on 
 oath of the personal estate and effects of the deceased, except 
 when the effects are sworn under the value of £20, or when 
 the administrators are the guardians appointed by the High 
 Court of Chancery, or other competent Court, or are the 
 testamentary guardians of the minors or infants. 
 
 Adm in ist rotor's oath . 
 
 37 P.R. and 43 D.R. — The oath of administrators, and 
 of administrators with the will, is to be so worded as to clear 
 off all persons having a prior right to the grant, and the 
 grant is to show on the face of it how the prior interests have 
 been cleared off, and is to set forth, when the fact is so, that 
 the party applying is the only next-of-kin, or one of the next- 
 of-kin of the deceased. In all administrations of a special 
 character, the recitals in the oath and in the letters of 
 administration must be framed in accordance with the facts 
 of the case. 
 
 Administration bonds. 
 
 38 P.R. and 44 D.R. — Administration bonds are to be 
 attested by an officer of the Principal Registry, by a District 
 Registrar or his chief clerk, or by a Commissioner or other 
 person now or hereafter to be authorised to administer oaths 
 under 20 and 21 Vic. c. 77, and 21 and 22 Vic. c. 05, but in 
 no case are they to be attested by the proctor, solicitor, attor- 
 ney or agent of the party who executes them. The signature 
 of the administrator or administratrix to such bonds, if not 
 taken in the Principal [or District] Registry, must be attested 
 by the same person who administers the oath to such admin- 
 istrator or administratrix.
 
 L52 The "Practitioner* & Probate Manual. 
 
 [45 D.R. — In ordinary cases two sureties are to Le required, 
 lml when the property is bond, fide under the value of £50, 
 one surety only may be taken to the administration Lund]. 
 
 39 P.R. and 46 D.R. — In all eases of limited or special 
 administration two sureties are to be required to the adminis- 
 tration bond (unless the administrator Le the husband of the 
 deceased or his representative, in which case but one surety 
 will be required), and the bond is to be given in double the 
 amount of the property to be placed in the possession of or 
 dealt with by the administrator by means of the grant. The 
 alleged value of such property is to be verified by affidavit if 
 required. 
 
 40 P.R. and 47 D.R. — The administration bond is, in all 
 cases of limited or special administrations, to be prepared in 
 the [District] Registry. 
 
 41 P.R. and 48 D.R.— The [District] Registrars are to 
 
 take care (as far as possible) that the sureties to adminis- 
 tration bonds are responsible persons. 
 
 Justification oj sureties. 
 
 42 P.R. and 49 D.R. — When any person takes letters of 
 administration in default of the appearance of persons cited, 
 but not personally served with the citation, and when any 
 person takes letters of administration for the use and benefit 
 of a lunatic or person of unsound mind, unless he be a com- 
 mit tee appointed by the Court of Chancery, a declaration of 
 the personal estate and effects of the deceased must be filed 
 in the Registry, and the sureties to the administration bond 
 must justify.
 
 The Practitioner* a Probate Manual. L53 
 
 GENERAL RULES AND ORDERS FOR THE 
 PRINCIPAL AND DISTRICT REGISTRARS. 
 
 Last mils. 
 
 [50 D.R. — The District Registrar is not, in any casein 
 which a will apparently duly executed has been produced to 
 1 1 i 111 for probate or for administration with the will annexed, 
 to grant probate of any former will, or administration with 
 any former will annexed, or administration to the deceased as 
 having 1 died intestate, without an order of the Judge or of 
 one of the Registrars of the Principal Registry, showing that 
 the last will is not entitled to probate. In the absence of 
 such order the District Registrar is to communicate with the 
 Registrars of the Principal Registry]. 
 
 Time of issuing grant. 
 
 43 P.R. and 51 D.R. — No probate or letters of adminis- 
 tration, with the will annexed, shall issue until after the lapse 
 of seven days from the death of the deceased, unless under 
 the direction of the Judge, or by order of one* of the Regis- 
 trars [of the Principal Registry]. 
 
 44 P.R. and 52 D.R.— No letters of administration shall 
 issue until after the lapse of fourteen days from the death of 
 the deceased, unless under the direction of the Judge, or by 
 order of one* of the Registrars [of the Principal Regis-try]. 
 
 45 P.R. and 53 D.R. — In every case where probate or ad- 
 ministration is, for the first time, applied for after the lapse 
 of three years from the death of the deceased, the reason of 
 the delay is to be certified by the practitioner to the [District] 
 Registrar. Should the certificate be unsatisfactory, [or the 
 case be one of personal application, the District Registrar is 
 
 * In the Principal Registry "two."
 
 I VI The Practitioner* a Probate Manual. 
 
 to require an affidavit, or to communicate with the Registrars 
 of the Principal Registry], the Registrars are to require such 
 
 1 1 roof <>r (he alleged cause of delay as they may see fit. 
 
 TPilUng up (/rants. 
 
 46 P.R. and 54 D.R. — Every grant of probate or of 
 
 letters of administration issued from the [District] Registry is 
 to be filled up there [and any former grant which has been 
 revoked or has ceased is to be cleared off therein]. 
 
 Notices of applications. 
 
 [55 D.R. — Notices of applications for grants of probate or 
 administration, with the will annexed, transmit ted by the 
 District Registrar to the Registrars of the Principal 
 Registry, are to contain (in addition to the particulars 
 specified in s. 49 of the Court of Probate Act, 1857) an 
 extract of the words of the will or codicil by which the 
 applicant has been appointed executor, or of the words (if 
 any) upon which he founds his claim to such adminis- 
 tration]. 
 
 [56 D.R. — Notices of application are to set forth the names 
 and interests of all persons who, according to the practice 
 of the Court, would have a prior right to the applicant, 
 and to show how such prior right is cleared off. In case 
 the persons or any of them have renounced, the date of 
 his or her renunciation must be stated. If the applicant 
 claims as the representative of another person, the date 
 and particulars of the grant to him must appear]. 
 
 Oaths of executors and administrators. 
 
 47 P.R. and 57 D.R. — The usual oath of administrators, as 
 well as that of executors and administrators with the will, is 
 to be subscribed and sworn by them as an affidavit, and then 
 filed in the Registry.
 
 The Practitioner's Probate Manual. L55 
 
 [58 D.R. — The draft oaths to lead grants of special or 
 limited probate or administration, with or without the will an- 
 nexed, are to be transmitted by the District Registrar to the 
 Registrars of the Principal Registry, in order to their being 
 settled, and no special or limited grant is to issue until the 
 draft oatli to lead the same has been settled by a Registrar 
 of the Principal Registry]. 
 
 hi nil ih/ of pa rites. 
 
 48 P.R. and 59 D.R. — The [District] Registrars may in 
 cases where they deem it necessary, require proof, in addition 
 to the oath of the executor or administrator, of the identity 
 of the deceased, or of the party applying for the grant. 
 
 Testamentary papers to be marked. 
 
 49 P.R. and 60 D.R. — Every will, copy of a will, or 
 other testamentary paper to which an executor or adminis- 
 trator with the will is sworn, must be marked by such execu- 
 tor or administrator and by the person before whom he is 
 sworn . 
 
 Renunciations. 
 
 50 P.R. and 61 D.R. — No person who renounces probate 
 of a will or letters of administration of the personal estate and 
 effects of a deceased person in one character is to be allowed 
 to take a representation to the same deceased in another 
 character. 
 
 Revocation am! alteration of grants. 
 
 [62 D.R. — Grants of probate or letters of administration 
 can only be revoked by order of the Judge or of one of the 
 Registrars of the Principal Registry]. 
 
 [63 D.R. — No grant of probate or letters of adminis- 
 tration is to be altered by a District Registrar, without an 
 order of a Registrar of the Principal Registry having been
 
 L56 The Practitioner's Probate Manual. 
 
 previously obtained. In case the name of the testator or 
 intestate requires alteration, the notice of application must he 
 renewed, and the alteration ordered is not to be made by the 
 District Registrar until the usual certificate on such notice 
 has been received from the Principal Registry]. 
 
 Affidavits. 
 
 51 P.R. and 64 D.R.— Every affidavit is to be drawn in 
 the first person, and the addition and true place of abode 
 of every deponent making it is to be inserted therein. 
 
 52 P.R. and 65 D.R. — In every affidavit made by two 
 or more deponents, the names of the several persons making 
 the affidavit shall be inserted in the jurat, except that, if 
 the affidavit of all the deponents is taken at one time by 
 the same officer, it shall be sufficient to state that it was sworn 
 by both (or all) of the " above-named " deponents. 
 
 53 P.R. and 66 D.R.— No affidavit having in the 
 jurat or body thereof any interlineation, alteration or erasure, 
 shall be filed or made use of unless the interlineation or 
 alteration, other than by erasure, is authenticated by the 
 initials of the officer taking the affidavit, nor, in the case of 
 any erasure, unless the words or figures appearing at the time 
 of taking the affidavit to be written on the erasure are 
 re-written and signed or initialled in the margin of the 
 affidavit by the officer taking it. 
 
 54 P.R. and 67 D.R.— Where an affidavit is made by 
 any person who is blind, or who, from his or her signature 
 or otherwise, appears to be illiterate, the [District] Registrar, 
 Commissioner, or other authority before whom such affidavit 
 is made, is to state in the jurat that the affidavit was read 
 in the presence of the person making the same, and that 
 such person seemed perfectly to understand the same, and
 
 The Practitioner 1 & Probate Manual. \~>7 
 
 also made his or her mark, or wrote his or her signature, 
 in the presence of the [District] Registrar, Commissioner, 
 or other authority before whom the affidavit was made. 
 
 55 P.R. and 68 D.R.— No affidavit is to be deemed 
 sufficient which lias been sworn before the party on whose 
 behalf the same is offered, or before his proctor, solicitor or 
 attorney, or before a partner or clerk of his proctor, solicitor 
 or attorney. 
 
 56 P.R. and 69 D.R. — Proctors, solicitors and attor- 
 neys, and their clerks respectively, if acting- for any other 
 proctor, solicitor or attorney, shall be subject to the rules 
 in respect of faking- affidavits which are applicable to those 
 in whose stead they are acting. 
 
 57 P.R. and 70 D.R. — In every case where an affi- 
 davit is made by a subscribing witness to a will or codicil, 
 such subscribing witness shall depose as to the mode in 
 which the said will or codicil was executed and attested. 
 
 58 P.R. and 71 D.R.— The [District] Registrars are 
 not to allow any affidavit to be filed [unless with the concur- 
 rence of the Registrars of the Principal Registry] which 
 is not fairly and legibly written, or in which there is any 
 interlineation, the extent of which at the time the affidavit 
 was made is not clearly shown by the initials of the Com- 
 missioner or other person before whom it was sworn. In 
 the Principal Registry the leave of the judge must !><• obtained. 
 
 Caveat x. 
 
 59 P.R. and 72 D.R. — Any person intending to oppose 
 the issuing of a grant of probate or letters of administration 
 must, either personally or by his proctor, solicitor or attorney, 
 enter a caveat in the Principal Registry, or in the proper 
 District Registry. If in the Principal Registry the person
 
 L58 The Practitioner** Probate Manual. 
 
 entering the oaveat must also insert the mime of tlie deceased 
 in the Index to the- Caveat Book. 
 
 60 P.R. and 73 D.R. — A caveat shall bear date on the 
 day it is entered, and shall remain in force for the space 
 of six months only, and then expire and be of no effect ; but 
 caveats may be renewed from time to time. 
 
 61 P.R. and 74 D.R.— The [District] Registrar shall, 
 immediately upon a caveat being entered, send a copy 
 thereof [to the Registrars of the Principal Registry, and 
 also] to the Registrar of any [other] District in which it is 
 alleged the deceased resided at the time of his death, or in 
 which he is known to have had a fixed place of abode at the 
 time of his death. 
 
 62 P.R. and 75 D.R.— No caveat shall affect any grant 
 made on the day on which the caveat is entered, or on the 
 day on which notice is received of a caveat having been 
 entered in the District [or Principal] Registry. 
 
 63 P.R. — All caveats shall be warned from the Principal 
 Registry only. The warning is to be left at the place 
 mentioned in the caveat as the address of the person who 
 entered it. 
 
 64 P.R. — It shall be sufficient for the warning of a caveat 
 that a Registrar send by the public post a warning signed by 
 himself, and directed to the person who entered the caveat, 
 at the address mentioned in it. 
 
 65 P.R. — The warning to a caveat is to state the name 
 and interest of the party on whose behalf the same is issued, 
 and if such person claims under a will or codicil, is also to 
 state the date of such will or codicil, and is to contain an 
 address within three miles of the General Post Office, at 
 which any notice requiring service may be left. The form 
 of warning will be supplied in the Registry.
 
 The Practitioner's Probate Manual. \~M 
 
 66 P.R. — Before any citation is signed by a Registrar, a 
 caveat shall be entered against any grant being made in 
 respect of the estate and effects of the deceased to which such 
 citation relates, and notice thereof shall be sent to the 
 District Registrar of any District in which the deceased ap- 
 pears to have resided at the time of his death. 
 
 67 P.R. — In order to clear off a caveat when no appear- 
 ance has been entered to a warning duly served, an affidavit 
 of the service of the warning, stating the manner of service 
 and an affidavit of search for appearance and of non-appear- 
 ance, must be filed. 
 
 [76 D.R. — Caveats shall be warned from the Principal 
 Registry only]. 
 
 [77 D.R. — After a caveat has been entered, the District 
 Registrar is not to proceed with the grant of probate or 
 administration to which it relates until it has expired 
 or been subducted, or until lie has received notice from 
 the Principal Registry that the caveat has been warned and 
 no appearance given, or that the contentious proceedings 
 consequent on the caveat have terminated]. 
 
 [78 D.R. — The further rules in respect to caveats will be 
 found in the " Rules, Orders, and Instructions for the Regis- 
 trars of the Principal Registry "]. 
 
 Citations and subpoenas. 
 
 68 P.R. — No citation is to issue under seal of the Court 
 until an affidavit, in verification of the averments it contains, 
 lias been filed in the Registry. 
 
 69 P.R. — Citations are to be served personally when that 
 can be done. Personal service shall be effected by leaving a 
 true copy of the citation with the party cited, and showing 
 liini the original, if required by him so to do.
 
 L60 The Practitioner's Probate Manual. 
 
 70 P.R. — ( !ita1 ions and other instruments which cannot he 
 personally served are to be served by the insertion of the 
 same, or of an abstract thereof, settled and signed by one of 
 the Registrars as an advertisement in such morning and 
 evening London newspapers, and such local newspapers, and 
 at such intervals as the Judge or one of the Registrars may 
 direct. 
 
 [79 D.R. — Citations and subpoenas can he issued from 
 the Principal Registry only, and the rules applicable to 
 them will be found in the " Rules, Orders, and Instructions 
 for the Registrars of the Principal Registry "]. 
 
 [80 D.R. — No grants are to issue from a District Registry 
 after a citation without the production of an office copy of 
 the decree or order of the Judge, or of one of the Registrars 
 of the Principal Registry authorising the same]. 
 
 Blind and Illiterate testators. 
 
 71 P.R. or 81 D.R.— The [District] Registrars are not to 
 allow probate of the will, or administration with the will 
 annexed, of any blind or obviously illiterate or ignorant person, 
 to issue, unless they have previously satisfied themselves that 
 the said will was read over to the testator before its exe- 
 cution, or that the testator had at such time knowledge of 
 its contents. [When such information is not forthcoming, 
 the District Registrars are to communicate with the Registrars 
 of the Principal Registry]. 
 
 Alterations in (/rants, etc. 
 
 72 P.R. — When any alteration is made in a Grant of 
 Probate or Letters of Administration which has issued from 
 a District Probate Registry, or when any such a Grant is 
 revoked and the Volume of the printed Calendar containing
 
 The Practitioner & Probate Manual. 161 
 
 the entry of the Grant has been forwarded to the Dislriet 
 Registrars, Notice of such alteration or revocation is without 
 delay to be forwarded by the Registrars of the Principal 
 Registry to the District Probate Registrar from whose 
 Registry the altered or revoked Grant issued. 
 
 [82 D.R. — Whenever the value of the personal estate and 
 effects of a deceased person is resworn under a different 
 amount, or any alteration is made in a grant, or a renunciation 
 is filed, notice of such reswearing, alteration or renunciation 
 is without delay to be forwarded by the District Registrar 
 to the Registrars of the Principal Registry, but no fee 
 shall be payable in respect of any such notice]. 
 
 Lists of grants. 
 
 [83 D.R. — The lists of grants of probate and administra- 
 tion required to be furnished by the District Registrars under 
 s. 51 of the Court of Probate Act, 1857, are to be furnished on 
 the first and every other Thursday in the month, and are to 
 contain the name of the Registry in which each grant was 
 made, and the Christian and surname of each testator and 
 intestate]. 
 
 [84 D.R. — Every such list of grants furnished by the 
 District Registrar is to be accompanied by a copy of the record 
 of each grant mentioned in it. The record, besides stating 
 the necessary particulars of the grant to which it refers, is to 
 contain the place and time of death of the testator or 
 intestate ; the names and description of each executor or 
 administrator ; the date of each grant ; and the sum under 
 which the- value of the personal estate and effects is sworn, 
 and in cases of administrations the names and description of 
 the sureties]. 
 
 [85 D.R. — Within four da}'s from the end of each month 
 each District Registrar is to forward 1<> the Principal Registry 
 
 M
 
 Ki'2 The Practitioner' 8 Probate Manual. 
 
 a return, arranged alphabetically, of all grants of probate or 
 letters of administration passed at his District Registry 
 during the preceding month]. 
 
 Irish Grants. 
 
 73 P.R. — The Seal is not to be affixed to any probate or 
 letters of administration granted in Ireland, so as to give 
 operation thereto as if the grant had been made by the Court 
 of Probate in England, unless it appear from a Certificate of 
 the Commissioners of Inland Revenue, or their proper officer, 
 that such probate or letters of administration is duly 
 stamped in respect of the personal estate and effects of which 
 the deceased died possessed in England. In respect to 
 letters of administration, the provisions of statute 21 & 22 
 Vict. c. 95, s. 29, must also be complied with. 
 
 Grants for property in the United Kingdom, etc. 
 
 74 P.R. and 86 D.R. — Whenever a grant of probate 
 or of letters of administration is made under Statute 21 & 22 
 Vic. c. 56, for the whole personal estate and effects of a 
 deceased within the United Kingdom, it must appear by 
 the affidavit made for the Inland Revenue Office that the 
 testator, or intestate, died domiciled in England, and that he 
 was possessed of personal estate in Scotland other than that 
 excluded by 22 & 23 Vic. c. 80, and the value of such 
 personal estate must be separately stated in such affidavit. 
 In case any portion of the personal estate be in Ireland, a 
 separate affidavit and schedule must also be filed. Upon all 
 such grants a note or memorandum must also be written and 
 signed by the [District] Registrar to the effect that the 
 testator or intestate died domiciled in England. 
 
 [87 D.R. — Grants of probate and administration made in 
 Ireland, and confirmations granted in Scotland, must be taken 
 to tlic Principal Registry, and not to a District Registry, to
 
 The Practitioner's Probafr Ma mini. K;:j 
 
 be sealed with the seal of the Court of Probate, in order to 
 the same having force and effect in England]. 
 
 Notices to Queen' * Proctor. 
 
 75 P.R. and 88 D.R. — In all cases where application is 
 made for letters of administration (with or without a will an- 
 nexed) of the goods of a bastard dying a bachelor or ;i spinster, 
 or a widower or widow without issue, notice of such application 
 is to be given to Her Majesty's Procurator- General (or in 
 case the deceased died domiciled within the Duchy of Lan- 
 caster, to the Solicitor for the Duchy in London), in order 
 that he may determine whether he will interfere on the part 
 of the Crown ; and no grant is to be issued until the officer 
 of the Crown has signified the course which he thinks proper 
 to take. 
 
 76 P.R. — In the case of persons dying intestate without 
 any known relation, a citation must be issued against the 
 next-of-kin, if any, and all persons having or pretending to 
 have any interest in the personal estate of the deceased, and 
 the service thereof upon them shall be effected as required by 
 Rule 70. Such citation must also be served upon the 
 Queen's Proctor, or upon the solicitor for the Duchy of 
 Lancaster, as the case may require. 
 
 [89 D.R. — In the case of persons dying intestate without 
 any known relation, a citation must be issued from the Prin- 
 cipal Registry against the next-of-kin, if any, and all persons 
 having or pretending to have any interest in the personal 
 estate of the deceased. See the rules, orders, and 
 instructions for the Registrars of the Principal Registry]. 
 
 Transmission of Papers. 
 
 77 P.R. — After motions have been made before the 
 judge in Court, the Registrars are, on the application of the 
 parties (unless the judge shall otherwise direct i. In transmit 
 
 M 2
 
 Kll The Practitioner's Probate Manual. 
 
 to a District Registrar the original papers and documents, in 
 order that the grant of probate or administration maybe 
 completed in a District Registry. 
 
 78 P.R. — Papers and other documents may be transmitted 
 by the Registrars of the Principal Registry to the District 
 Registrars through the Post Office. Such letters or packets 
 are to be superscribed with the words, "On Her Majesty's 
 Service," and may be registered if thought necessary. 
 
 [90 D.R. — When motions are to be made before the Judge 
 in Court, with regard to any application for probate or 
 administration at a District Registry the District Registrar 
 is to transmit all original papers and documents to the 
 Principal Registry, and the same, after the directions of the 
 Court have been taken, will, on the application of the parties, 
 be returned to the District Registrar, together with an office 
 copy of the decree of the Judge]. 
 
 [91 D.R. — Original papers are also to be forwarded to the 
 Principal Registry whenever an inspection of them is neces- 
 sary, in order to enable the Registrars to answer the 
 questions submitted to them by the District Registrar]. 
 
 [92 D.R. — Original papers and documents may be trans- 
 mitted by the District Registrars to the Registrars of the 
 Principal Registry through the Post Office. Such letters or 
 packets are to be superscribed with the words "On Her 
 Majesty's Service," and may be registered, if thought 
 necessary]. 
 
 Probate cojiien of wills. 
 
 79 P.R. — The Registrars are to take care that the copies 
 of wills and affidavits to be annexed to the probates or 
 letters of administration are fairly and properly written, 
 and are to reject those which are otherwise ; but it shall not
 
 The Practitioner's Probate Manual. L65 
 
 be necessary that such copies be written in the engrossing 
 hand heretofore in use. 
 
 [93 D.R. — The District llegistrar is to take care that the 
 copies of wills and affidavits to be annexed to the probate or 
 letters of administration are fairly and properly written, 
 and is to reject those which are otherwise]. 
 
 Office copies. 
 
 80 P.R. and 94 D.R.— Office copies of wills, and other 
 documents furnished in a [District] Registry, will not be 
 collated with the original will or other document, unless 
 specially required. Every copy so required to be examined 
 shall be certified under the hand of the [District] llegistrar 
 to be an examined copy. 
 
 81 P.R. and 95 D.R.— The seal of the Court is not 
 to be affixed to any office copy of a will, or other document, 
 unless the same has been certified to be an examined copy. 
 
 Attendances with documents. 
 
 82 P.R. and 96 D.R.— If a will or other document 
 filed in a District Registry is required to be produced at 
 aiiy place within three miles of that Registry, application 
 must be made for that purpose not later than the day 
 previously to that named for its production. 
 
 83 P.R. — If a will or other document filed in the 
 Registry is required to be produced at any place beyond 
 the above distance, application must be made for that 
 purpose in sufficient time to allow for making and examining 
 a copy of such will or other document to be deposited in its 
 place, and in every case such notice must be given (except by 
 special leave of the Judge or Registrars) at least 24 hours 
 before the clerk in whose charge the will or other document 
 is to be placed will bo required to set off.
 
 I mi The Practitioner's Probate Manual. 
 
 (97 D.R. — If a will or other document filed in a District 
 Registry is required to be produced at any place beyond the 
 above distance, application must be made for that purpose in 
 sufficient time to allow for making and examining a copy of 
 such will or other document to be deposited in its place]. 
 
 Doubtful mid difficult cases. 
 
 [98 D.R. — The District Registrars are in every case of 
 doubt or difficulty to communicate with the Registrars of the 
 Principal Registry]. 
 
 SiibjMcnas to briny in Testamentary Papers. 
 
 84 P.R. — Any person bringing in a will or testamentary 
 paper, in obedience to a subpoena, is to take it in the first 
 instance to the clerk of the papers, who will prepare a 
 minute to be signed by the Registrar to whom the will or 
 paper brought in is to be delivered, and the Registrar will 
 sign the minute recording the delivery thereof. 
 
 85 P.R. — The minute is to be entered in the book of 
 Registrar's Minutes in the usual manner ; and the fee for 
 the entry, and a further fee for filing each testamentary 
 paper, will then be payable. If these fees should not be 
 paid by the person bringing in the will or paper, the same 
 are to be charged to the person who may first apply to the 
 clerk of the papers to make use of the will or paper so 
 brought in. In case the person bringing in a will or 
 testamentary paper may desire to have a voucher for its 
 delivery into the Registry, he may take an office copy of the 
 minute on paying the usual fee for the same. 
 
 86 P.R. — Any person served with a subpoena to bring in 
 a testamentary paper is at liberty to enter an appearance on 
 payment of the usual fees, if he thinks fit to do so.
 
 The Practitioner's Probate Manual. 1<J7 
 
 Time allowed for appearing to a Warning, Citation, or 
 
 Subpti'iio. 
 
 87 P.R. — The time fixed by a warning or citation for 
 entering an appearance, or by a subpoena, to bring in a 
 testamentary paper, shall, in all cases, be exclusive of 
 Sundays, Christmas Day and Grood Friday. 
 
 Taxing bilk of costs. 
 
 88 P.R. and 99 D.R. — All bills of costs are to be referred 
 to the Registrars of the Principal Registry for taxation, and 
 no special order shall be required for that purpose. 
 
 [100 D.R. — The rides in respect to taxing bills of costs 
 will be found in the " Rules, Orders, and Instructions for the 
 Registrars of the Principal Registry]." 
 
 89 P.R. — The bill of costs of any proctor, solicitor, or 
 attorney will be taxed on his application, after sufficient 
 notice given to the person or persons liable for the payment 
 thereof, or on the application of such person or persons, after 
 sufficient notice given to the practitioner, and the Registrar 
 shall decide in each case what may be a sufficient notice. 
 
 90 P.R. — When an appointment has been made by a 
 Registrar to tax a bill, the Registrar may proceed to tax the 
 same after the expiration of a quarter-of-an-hour, notwith- 
 standing the absence of either party, or his agent, provided 
 he be satisfied that the absent party has had due notice of 
 the appointment for taxation. 
 
 91 P.R. — If more than one-sixth is deducted from any 
 bill of costs taxed as between practitioner and client, no 
 costs incurred in the taxation thereof shall be allowed as part 
 of such bill.
 
 L68 
 
 The Practitioner's Probate Manual. 
 
 The following Precedents <n-< rxirarinl from ••(luidi; to /'rv/inrnjion <>/' 
 Bills of Costa," by C. W. Scott. 
 
 COSTS OF PROBATES. 
 
 Precedent No 1. 
 
 3n tbc 1bigb Court of Justice. 
 
 Pkobate, Divorce and Admiralty Division. 
 (Probate.) 
 
 In the goods of 
 
 Deceased. 
 
 Effects 
 sworn 
 under £100 
 Perusing will and taking instructions 
 fur probate ..... £0 
 Copy will for use 
 
 Effects 
 
 sworn 
 under £200. 
 
 Effects 
 sworn above 
 
 eii'Mi and 
 under £1,000. 
 
 6 8 
 
 £0 6 
 
 £0 6 8 
 ■id. per folio of 72 words in 
 cases. 
 
 Oath of executors, and attendance 
 
 on the party being sworn 
 Paid commissioner's fee . 
 
 5 8 10 
 Is. i*i'/. each deponent and Is. each 
 exhibit. 
 
 1 -1 1 4 
 
 &d. each deponent. 
 
 O 1 4 
 
 Affidavit of value and inventory for 
 Inland Revenue, and attendance 
 on the party being sworn charge 
 according to circumstances for 
 time and trouble in getting ueces 
 sary information, and for affidavit, 
 
 at per folio ..... 
 
 Paid commissioner's fee . 
 
 Engrossing and collating the will, 
 .'' folios of 00 words or under. 
 including parchment 
 
 If exceeding 3 folios of ',Ki 
 words, then every other folio 
 Stamp on receipt .... 
 Paid Probate [or Estate] duty 
 Stamp fee on search 
 Probate under seal (solicitor's fees) . 
 
 ° For the duty on Probates, see Chapter 3. 
 
 f For amounts to be inserted opposite " Probate under seal " and " Court 
 fees," see next page. 
 
 I) 4 6 
 
 4 6 4 6 
 
 
 
 1 
 
 6 
 
 o 1 
 
 6 
 
 1 6 
 
 
 
 1 
 
 \:1. 
 
 
 
 1 
 
 * 
 
 it 
 
 1 
 
 * 
 
 (id. for every year after the death. 
 10 3 f
 
 The Practitioner'' a Probate Manual. 
 
 109 
 
 Effects 
 
 sworn 
 
 under 6100. 
 
 Extracting 
 
 Clerk's fee 
 
 Paid ( !our1 Eees . . . . 
 Registering and collating will. 3 
 folios of 90 words or under . 
 If exceeding 3 folios of '. |( > words 
 then at per folio . 
 Registrar's certificate 
 Letters, messengers, etc. 
 
 eo 
 o 
 
 4 6 
 
 Effects 
 
 sworn 
 
 under 6200. 
 
 eo 
 o 
 
 K fleets 
 sworn above 
 
 6200 and 
 under Cl.ooo. 
 
 eo 
 
 
 
 4 6 4 
 
 
 
 1 
 
 6 
 
 
 
 1 6 
 
 1 
 
 6 
 
 
 
 2 
 
 6 
 
 
 
 2 6 
 
 2 
 
 6 
 
 
 
 5 
 
 
 
 
 
 5 
 
 10 
 
 H 
 
 The amounts to be inserted opposite " Probate under seal" and ''Court 
 fees " are as follows : — 
 
 Probate under seal. 
 .Solicitor's fees. Court fees. 
 
 If effects sworn under £.300 
 
 450 
 
 600 
 
 800 
 
 1,000 
 
 Note. —By Section 33 of the Act, 44 Vic, chap. 12, where the gross estate is under 
 L'30o, the Court Ice is 15s. only; and by Section lfl of the Act, 57 & 58 Vic, chap. 30, 
 where the grogs estate is under £500, the Court fee is 15s. only. 
 
 Where the property is sworn at an exact sum such as £1,000 or £10,000, the Probate 
 Duty or Estate Duty is charged on those sums, but the Court fee is charged on the next 
 highest amount. 
 
 . £0 7 
 
 6 • 
 
 £0 7 
 
 6 
 
 12 
 
 
 
 12 
 
 
 
 16 
 
 6 
 
 16 
 
 6 
 
 1 2 
 
 6 
 
 1 2 
 
 6 
 
 1 13 
 
 
 
 1 13 
 

 
 The Practitioner* a Probate Manual. 
 
 Perusing will and 
 tioiis for Probate 
 
 Copy will for use 
 
 PltECEDKNT N(). 2. 
 
 Effects 
 
 sworn under 
 
 £2,000. 
 
 Effects 
 
 BWCTH under 
 
 £1,000. 
 
 Effects 
 
 sworn above 
 
 64,000 and 
 
 under 
 
 t7o,000. 
 
 taking instruc- 
 
 . . £0 13 4 £0 13 4 £1 1 
 Or according to circumstances. 
 
 . \il. per folio of 72 words in all 
 
 eases. 
 
 Oath of executor and attendance on 
 
 the party being sworn . . . £0 10 £0 
 
 Paid commissioner's fee . . . Is. Qd. each 
 
 each exhibit. 
 
 Affidavit of value and inventory 
 for Inland Revenue and attend- 
 ance on the party being sworn 
 (charge for affidavit at per folio 
 is. 4a. mid for extra trouble and 
 attendances in getting necessary 
 information according to circum- 
 stances.) 
 
 Paid commissioner's fee . 
 
 Engrossing and collating the will, 
 
 3 folios of 90 words or under, 
 
 including - parchment . . .04 6 
 
 If exceeding 3 folios of 90 
 
 words then .... 
 
 Stamp on receipt .... 
 
 Paid Probate [or Estate] duty 
 
 Stamp fee on search 
 
 Probate under seal (solicitor's fees) . 
 
 Extracting ..... 
 
 ( 'lerk's fee ..... 
 
 Paid Court fees .... 
 
 Registering and collating will, 3 
 folios of 90 words or under 
 
 If exceeding 3 folios then at 
 per folio .... 
 
 Registrar's certificate 
 
 Letters, messengers, etc. . 
 
 lo i) £0 10 
 
 deponent an< 
 
 1 h 
 
 Vs. <></. each deponent. 
 
 (i 4 6 
 
 4 <} 
 
 Is. 6d. 
 
 1 
 
 * 
 
 for 
 
 
 ever 
 
 
 y o 
 
 i 
 * 
 
 her f< 
 
 
 lio. 
 
 1 () 
 
 * 
 
 Ik/, fo 
 t 
 
 6 
 
 5 
 
 t 
 
 • every y 
 
 8 
 
 (i (i 
 
 sar 
 
 t 
 
 13 
 
 5 
 
 t 
 
 liter t 
 
 4 
 
 
 In- death. 
 
 t 
 13 4 
 7 6 
 
 t 
 
 4 
 
 6 
 
 
 
 4 
 
 6 
 
 (t 4 6 
 
 1 
 2 
 
 10 
 
 6 
 6 
 
 
 
 
 (1 
 
 
 
 1 
 2 
 
 111 
 
 6 
 
 t; 
 
 
 1 6 
 o 2 6 
 13 4 
 
 Or more according to circumstances. 
 
 * For duty on Probates, see Chapter 3. 
 t The fees to be inserted at " Probate under 
 are identical ; they will be found at page 118. 
 
 For example : — 
 
 Solici 
 
 Under £1,500 . . . £2 
 
 „ 1,600 ... 3 
 
 2,000 ... 3 
 
 2,100 ... 3 
 
 3,000 3 
 
 3,100 ... 4 
 
 seal " and " Court fees 
 
 tor's fee. 
 
 Court fee. 
 
 5 
 
 . £2 5 
 
 
 
 3 
 
 
 
 3 
 
 15 
 
 3 15 
 
 15 
 
 3 15 
 
 10 
 
 4 10
 
 The Practitiotier's Probate Manual. 
 
 171 
 
 Precedent No. 3. 
 
 Effects sworn above £70,000 and under £500,000. 
 
 Instructions for Probate . . . . . . .£220 
 
 Or according to circumstances. 
 Copy will for use . . . Ad. per folio of 72 words in all cases. 
 
 Oath of executors and attendance on the party being swora . 1" 
 Paid commissioner's Eee . Is. 6d. each deponent, and Is. each exhibit. 
 Affidavit of value and inventory for Inland Revenue and 
 
 attendance on the party being sworn (charge according to 
 
 circumstances for time and trouble in getting necessary 
 
 information and I'm- Affidavit at per folio Is. -id.) 
 Paid commissioner's fee .... Is. %d. each deponent. 
 
 Engrossing and collating the will, ."> folios of 90. words oi 
 
 under, including parchment ..... 
 If exceeding 3 Folios of 90 words, then 
 Stamp on receipt ..... 
 Paid Probate [or Estate] duty 
 
 Stamp fee OD search .... 
 
 Probate under seal (solicitor's t'ec) 
 
 Extracting ......... 
 
 Clerk's fee ......... 
 
 Paid court fees ........ 
 
 Registering and collating will, 3 folios of 90 words or under 
 
 If exceeding 3 folios then for each folio . 
 Registrar's certificate ....... 
 
 Letters, messengers, etc. 
 
 4 6 
 1*. Qd. for every otherfolio. 
 . 1 
 
 III/, per year in all cases. 
 
 13 
 
 1 1 
 
 Or according to circumstances. 
 
 * The amounts to be inserted 
 "Court fees" are as follows : — 
 
 ipposite "Probate under seal" and 
 
 
 
 
 Probate 
 
 Probate 
 
 
 
 
 under seal. 
 
 under seal. 
 
 
 
 
 Solicitor's 
 
 Court 
 
 
 
 
 
 ees. 
 
 
 fees. 
 
 If effects 
 
 sworn inn 
 
 er £80,000 . 
 
 ei6 
 
 17 6 
 
 £16 
 
 17 6 
 
 ), 
 
 
 90,000 . 
 
 18 
 
 15 
 
 is 
 
 L5 
 
 It 
 
 u 
 
 100,000 . 
 
 20 
 
 12 6 
 
 20 
 
 12 6 
 
 11 
 
 i> 
 
 120,000 . 
 
 21 
 
 1 1 3 
 
 21 
 
 11 3 
 
 
 h 
 
 140,000 . 
 
 23 
 
 8 9 
 
 23 
 
 8 9 
 
 It 
 
 t! 
 
 160,000 . 
 
 25 
 
 6 3 
 
 25 
 
 6 3 
 
 1} 
 
 1) 
 
 180,000 . 
 
 27 
 
 3 9 
 
 27 
 
 3 9 
 
 J, 
 
 
 200,000 . 
 
 29 
 
 1 3 
 
 29 
 
 1 3 
 
 5) 
 
 1) 
 
 250,000 . 
 
 30 
 
 18 9 
 
 30 
 
 18 9 
 
 )) 
 
 II 
 
 300,000 . 
 
 35 
 
 12 6 
 
 35 
 
 12 6 
 
 1) 
 
 )) 
 
 350,000 . 
 
 40 
 
 6 3 
 
 40 
 
 6 3 
 
 11 
 
 
 loo.OOO . 
 
 41 
 
 17 C) 
 
 41 
 
 17 6 
 
 I) 
 
 )) 
 
 500,000 . 
 
 43 
 
 8 9 
 
 4:5 
 
 8 9
 
 17'2 T/ic Practitioner's Probate Manual. 
 
 Additional charges where necessary. 
 
 And for every additional £100,000, or any fractional part of 
 £100,000, under which the personal estate is sworn, in 
 addition to the ahove fees, a further fee for probate under 
 seal of £3 2 6 
 
 In addition to the ahove for all second or subsequent grants 
 of probate or letters of administration with will annexed, 
 the same fees for looking- up the will and bespeaking 
 engrossment as on similar grants upon which no stamp 
 duty is payable. 
 
 When there are two or more executors, and they are not sworn 
 at the S'tme time, for each attendance after the lirst on 
 their being sworn to oath and affidavit — 
 
 If the effects arc sworn under £20 2 6 
 
 If the effects are sworn under £100 . . . . o 
 
 If the effects are sworn above £100 . . . . .068 
 In respect of Letters of Administration with Will annexed. 
 
 In addition to the above fees for preparing and attendance on 
 the execution of the bond if the effects are — 
 
 Under £20 026 
 
 £20 and under £100 6 8 
 
 £100 and upwards 0100 
 
 Paid commissioner Is. 6d. and court fee stamp 5s. 
 
 For engrossing and collating a will or codicil for a grant of 
 probate or letters of administration with the will annexed, 
 when there are pencil marks in the will or codicil, or when 
 the will or codicil is to be registered fac-simile, in addition 
 to any other fee for engrossing and collating the same — 
 
 If the pencil marks in the will or codicil, or the part or parts 
 thereof to be registered fac-simile, are two folios of ninety 
 words in length or under . . . . . . -Old 
 
 If exceeding two folios, for every additional folio or part of 
 folio of ninety words 6
 
 The Practitioner's Probate Manual. 
 
 173 
 
 COSTS OF ADMINISTRATIONS. 
 Precedent No. 4. 
 
 h\ tlK Uiffl) Court of %\\%titu 
 
 Probate, Divorce and Admiralty Division, 
 (Probate.) 
 
 In the goods of 
 
 Deceased. 
 
 Instructions for administration. 
 
 Oath uf administrator, and attend- 
 ance on his being sworn, and on 
 his execution of the bond 
 
 Commissioner's fee .... 
 
 Affidavit of value and inventory for 
 Inland Revenue and attending 
 administrator on his being sworn 
 (Charge for affidavit per folio 
 Is. 4y/. and according to cir- 
 cumstances for time and trouble 
 in (jetting necessary infor- 
 mation.') 
 Commissioner's fee .... 
 
 Instructions for bond 
 Drawing and engrossing same 
 Paid stamp on bond 
 Attending sureties on their reading 
 over, and with them on their 
 executing bond .... 
 
 Commissioner's fee .... 
 
 Stamp on receipt .... 
 
 The Registrar having required a 
 certificate of cause of delay in 
 taking out the grant. Drawing 
 same ...... 
 
 Paid fee on filinjr .... 
 
 
 
 Effects 
 
 Effects 
 
 Effects 
 
 sworn nbovo 
 
 sworn 
 
 sworn 
 
 £200 and 
 
 under £100. 
 
 under £200. 
 
 under £800 
 
 £0 3 4 
 
 £0 6 8 
 
 £0 6 8 
 
 068 10 13 4 
 
 1*. &d. each deponent and la. Cut. 
 
 on each execution of bond. 
 
 Is. Qd. each deponent. 
 06 8 068 068 
 5 068 068 
 Nil 5 5 
 
 068 068 068 
 
 Is. 6rf. each surety, 
 10 1 " 1 
 
 050 050 05 
 026 02 6 026
 
 171 
 
 The Practitioner' 8 Probate Manual. 
 
 Regisl rar's certificate 
 
 Paid Probate [or Estate] duty 
 
 (The duty <>n administrations is 
 the tunic as mi probati s, and 
 will be found in Chapter 3.) . 
 
 Stamp Eee on search 
 
 Letters of administration under seal 
 
 Extracting ..... 
 
 Clerks . 
 
 Paid court fees .... 
 
 Letters, messengers, etc. 
 
 Effects 
 
 sworn 
 under .€100. 
 
 £0 2 6 
 
 Nil 
 
 Effects 
 
 Effects sworn above 
 sworn £200 and 
 
 under £200. under £800. 
 
 £0 2 6 £0 2 
 
 d. for every year after death. 
 
 
 
 3 
 
 
 
 4 
 
 6 
 
 
 * 
 
 
 
 
 6 8 
 
 (i 
 
 6 
 
 8 
 
 (i 
 
 6 
 
 8 
 
 
 
 2 
 
 i) 
 
 •j 
 
 
 
 
 
 2 
 
 
 
 
 
 1 (i 
 
 
 
 4 
 
 6 
 
 
 * 
 
 
 
 
 5 o 
 
 () 
 
 5 
 
 (» 
 
 i) 
 
 5 
 
 (1 
 
 I )r according to circumstances. 
 
 * The amount to be inserted opposite " Letters of administration under 
 
 seal " ami " ( 'ourt fees " are as follows : — 
 
 If effects sworn 
 
 
 Letters of 
 
 Letters of 
 
 
 Adminis- 
 
 Adminis- 
 
 
 tration 
 
 tration 
 
 
 under seal. 
 
 under seal. 
 
 
 Solicitor's 
 
 • lourt 
 
 
 fees. 
 
 fees. 
 
 under £300 .... 
 
 £0 12 O 
 
 £0 12 
 
 450 . 
 
 o L6 6 
 
 16 6 
 
 (!00 .... 
 
 1 2 6 
 
 1 2 6 
 
 SOI) .... 
 
 1 13 (I 
 
 1 13 i) 
 
 Precedent No. 5. 
 
 
 
 Effects 
 
 
 Effects 
 
 sworn 
 
 Effects 
 
 sworn 
 
 above 
 
 sworn 
 
 above 
 
 £800 and 
 
 under 
 
 £2,000 and 
 
 under 
 
 £2,000. 
 
 under 
 
 LI ,500. 
 
 
 t7O,000. 
 
 Instructions for administration 
 Oath of administrator and attend 
 ance on his being sworn and on 
 his execution of the bond 
 ( lommissioner's fee .... 
 
 Affidavit of value and inventory for 
 Inland Revenue, and attending 
 administrator on his being sworn 
 (Charge for affidavit per folio 
 Is. Ad. and according to cir- 
 cumstances for time and 
 trouble in f/et/in</ necessary 
 information.') 
 Commissioner's fee .... 
 
 CO 6 8 €0 6 8 £0 13 4 
 
 13 4 13 4 13 4 
 Is. Qd. each deponent, and Is. Gd. 
 
 on each execution of bond. 
 
 Is. (id. each deponent.
 
 The Practitioner's Probate Manual. 
 
 L75 
 
 Effects 
 
 
 
 
 K fleets 
 
 sworn 
 
 
 Effects 
 
 
 sworn 
 
 above 
 
 
 sworn 
 
 
 abi •'■ e 
 
 .£8(10 and 
 
 
 under 
 
 
 •£2,000 mill 
 
 under 
 
 
 £2,000. 
 
 
 under 
 
 £1,500. 
 
 
 
 
 £70,000. 
 
 £0 6 
 
 8 
 
 £0 6 
 
 8 
 
 £0 6 8 
 
 o 6 
 
 8 
 
 () 6 
 
 8 
 
 o 6 8 
 
 5 
 
 () 
 
 5 
 
 
 
 5 it 
 
 G 8 (') 8 6 8 
 
 Is. (ir/. each surd v. 
 
 o l 10 1 <» 
 
 Instructions for bond 
 
 Drawing and engrossing same 
 
 Paid stamp on bond 
 
 Attending sureties on their reading 
 
 over, and with tlieiu <>n their 
 
 executing bond .... 
 I !ommissioner's fee .... 
 Stamp on receipt .... 
 The Registrar having required a 
 
 certificate of cause of delay in 
 
 taking out the grant. Drawing 
 
 same ..... 
 Engrossing at per folio . 
 Filing ..... 
 Registrar's certificate 
 Paid Probate [or Estate] duty 
 Stamp fee on search 
 Letters of administration under sea 
 Extracting .... 
 Clerks ..... 
 Paid Court fees — . 
 Letters, messengers, etc. 
 
 * For duty, see Chapter 3. 
 
 t The amount to be inserted opposite " Letters of administration under 
 seal" and "Court fees" are as follows : — 
 
 Letters of administration 
 under seal. 
 
 . 5 
 
 5 
 
 
 
 5 
 
 
 
 . 4 
 
 
 
 4 
 
 
 
 4 
 
 . 2 6 
 
 2 
 
 6 
 
 o -1 
 
 6 
 
 2 (5 
 
 U 2 
 
 <; 
 
 2 
 
 6 
 
 _ * 
 
 
 
 
 
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 after 
 
 death. 
 
 
 It 
 
 4 10 
 
 () 
 
 
 
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 13 
 
 4 
 
 13 
 
 4 
 
 . () 5 
 
 o 5 
 
 
 
 7 
 
 6 
 
 .t 
 
 
 
 
 
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 10 
 
 
 
 13 
 
 4 
 
 Or according to circumstances. 
 
 If effects sworn under £850 
 ,. '•" , " 
 
 950 
 1,000 
 1,100 
 1,200 
 1,300 
 1,400 
 1,500 
 
 And so on. see page lis. 
 
 Solicitor's 
 fees. 
 
 2 5 
 
 3 7 (> 
 
 I 'oiirt 
 
 fees. 
 
 5 (I
 
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 INDEX. 
 
 L88 
 
 I N 1) K X. 
 
 ADDITIONAL SECURITY, 111. 
 forms of affidavit, 124. 
 
 ADMINISTRATION WITH WILL, 
 (n attorney, 46. 
 to residuary legatee, 46. 
 to Legal personal representative of residuary legatee, 17. 
 
 grant must be produced, 49. 
 to legatee, 17. 
 form of oath, 48. 
 bond (will), 61. 
 cessate, 91. 
 ile bonis nun 94. 
 tables of succession, 178. 
 
 ADMINISTRATION, 
 
 to whom made, 67, 68, 178. 
 
 to guardian, 70, 71, 72, 73. 
 
 to attorney, 73. 
 
 to next-of-kin of lunatic, 74. 
 
 oath, 75. 
 
 bond, 83. 
 
 cessate; 92. 
 
 de hums non, i)7. 
 
 costs, 173-175. 
 
 ADMINISTRATION (CESSATE), 91, 92. 
 
 ADMINISTRATION BE BONIS NON, 97. 
 
 ADMINISTRATION (WILL) BE BONLS NON, 94. 
 
 ADMINISTRATOR, 
 
 oath for, 75. 
 description of, 76. 
 
 ADMINISTRATRIX, 76. 
 
 AFFIDAVIT, 
 
 as to execution of will, 2, 3, 126, 127. 
 
 by mark, 2, 127. 
 as to reading over of will, 2, 127. 
 as to alterations in will, 4, 125. 
 as to handwriting, 1, 130.
 
 1<U INDEX. 
 
 AFFIDAVIT (continued). 
 
 astoplighl and rendition, 5, 131. 
 
 as to identity of executor, 0, 128. 
 
 as to date oi will, 7, 8. 
 
 as to search, 8, 132. 
 
 as to British status, 9, 131. 
 
 to lead revocation of prolate, 114. 
 
 to lead revocation of administration, 114. 
 
 for increasing amount of estate — additional security, 124. 
 
 the same de bonis non, 124. 
 to lead order assigning a guardian to infant, 128. 
 as to validity of will, 129. 
 as to lunacy, 129. 
 of justification of sureties, 130. 
 for notation of domicile, 134. 
 
 AFFIDAVIT FOR INLAND REVENUE, 21. 
 
 under Act of 1881, 21. 
 
 Probate duty, 2 1 . 
 
 under Finance Acts, 23. 
 
 Estate duty, 23, 35. 
 
 copies of, 26. 
 
 not fully examined on taking grant, 26. 
 
 copies of, 26. 
 
 deductions against principal value, 30, 34. 
 
 deductions against annual value, 33. 
 
 rates of duty, 35. 
 
 free marks, 38. 
 
 AFFIRMATION, 13. 
 
 ALIAS, 14. 
 
 ALTERATIONS, 
 in will, 4, 143. 
 
 affidavit as to, 125. 
 in oath. 18, 19. 
 in bond, 66. 
 
 ALTERATIONS IN GRANT, 112. 
 
 ATTENDANCES, 122. 
 
 ATTESTATION, 
 of will, 1. 
 
 of codicil, 1,2. 
 of bond, 65. 
 
 ATTORNEY, 
 
 grant to, 46, 60, 73. 
 oath for, 60. 
 
 in intestacy, 74. 
 forms of power, 136. 
 
 BILLS OF COSTS, 
 probate, 168-172. 
 administration, 173-175.
 
 INDEX. 185 
 
 BOND, 
 
 administration (will), 61. 
 
 by married woman, 61. 
 
 foreign sureties, 02. 
 
 sureties cannot lie discharged, 62. 
 
 stamp on, 62. 
 
 by Guarantee Society, 62. 
 
 form of, 63. 
 
 attestation of, 65. 
 
 execution of, 65. 
 
 alterations in, 66. 
 
 administration, 83. 
 
 for resealing Colonial grant, 109, 110. 
 
 BRITISH POSSESSION, 
 property in, 31. 
 resealing grant from, 105. 
 
 BRITISH SUBJECT, 
 
 will of, 8. 
 
 affidavit as to status, 131. 
 
 BROTHER, 
 
 grant to, 68, 78, 80. 
 
 CALENDARS, 123. 
 
 CAVEAT, 116. 
 
 warning to, 117. 
 subducting, 117. 
 form of caveat, 1 33 . 
 
 CERTIFICATE, 
 
 of delay, 7, 47. 
 form of, 132. 
 
 CESSATE GRANTS, 
 probates, 90. 
 administration (will), 91. 
 administrations, 92. 
 
 CHANNEL ISLANDS, 
 
 property in, 30. 
 
 CHILD, 
 
 administration by, 67, 76, 78. 
 
 "CLERK," 12, 64. 
 
 CODICIL, 
 
 execution of, 1, 2. 
 number of, to be stated in oath, 13. 
 affidavit as to execution, 125-127. 
 rules as to wills apply to, 145. 
 
 COLLATING DOCUMENTS, 122.
 
 I Si! 1NDKX. 
 
 COLONIAL GRANTS, L06-110. 
 
 COLON IKS, 
 
 oaths in, 20. 
 
 COMMISSIONER FOR OATHS, 20. 
 
 in administration cases must take oath and attest hond, 49, 65. 
 
 CORRECTIVE AFFIDAVIT, 38, 111. 
 
 COSTS, 
 
 taxation of, 167. 
 precedents of, 168-175. 
 
 COUSIN-GERMAN, 
 grant to, 68, 81, 82. 
 
 CREDITOR, 
 
 grant of administration (will) to, 57. 
 of administration to, 82. 
 
 CUSTOMS AND INLAND REVENUE ACT, 1881, 21. 
 
 DATE OF DEATH OF DECEASED, 14. 
 
 DATE OF WILL, 7, 8. 
 
 DE BONIS NON GRANTS, 
 administration (will), 94. 
 administrations, 97. 
 
 DEBTS OF DECEASED, 
 
 deducted in affidavit for Inland Revenue, 22, 30. 
 
 DECLARATION OF PERSONAL ESTATE, 
 by guardian, 71. 
 by next of kin of lunatic, 74. 
 form of, 133. 
 
 DEEDS, 
 
 incorporated in will, 5, 144. 
 
 DELAY, 
 
 to be explained, 7, 47, 69, 111. 
 certificate of, 132. 
 
 DEPONENT, 
 
 blind or illiterate, 18, 19. 
 
 DESCRIPTION, 
 of testator, 13. 
 of sureties to bond, 63. 
 of next of kin, 76. 
 
 DISTRICT REGISTRIES, 176.
 
 INDEX. 187 
 
 DOMICILE, 
 
 of British subject, 8. 
 notation of, on grant, 18, 101. 
 
 DOUBLE PROBATE, 87. 
 
 DRAFT WILL, 7- 
 
 DUPLICATE GRANTS, 102. 
 
 DUTY, 
 
 probate, 21. 
 
 rates of, 22. 
 estate, 23. 
 
 rates of, 35. 
 free, mark for, 38. 
 on bond, 62. 
 
 "ELDER," 13. 
 
 ELECTION OF GUARDIANS, 70, 71. 
 form of, 135. 
 
 ENGROSSMENT OF WILL, 40. 
 
 KKASUKES, 
 in will, 44. 
 in oaths, 18, 19. 
 
 ESTATE DUTY, SCALE, 35. 
 
 EXAMPLES, 
 
 oath for administrator (will), 49 to 60. 
 oath for administrator, 77 to 82. 
 
 EXECUTION OF WILL, 1, 13. 
 by direction of testitor, 2. 
 by mark, 2. 
 in two places, 3. 
 in attestation clause, 3. 
 
 affidavit required when both witnesses dead, 4. 
 tonus of affidavit, 125-127. 
 
 EXECUTOR, 
 
 appointment of, 6. 
 
 abroad, 6. 
 
 must be identified, 6, 12. 
 
 according to tenor, 6, 16 
 
 minor executors, 7, 15. 
 
 oath for, 11. 
 
 description of, 12. 
 
 relationship to deceased, 15. 
 
 style of, 16. 
 
 wife executrix, but not appointed by name, 16 
 
 power reserved to, 17.
 
 L88 INDEX. 
 
 EXECUTOR— {continued). 
 renunciation by, 17. 
 
 deceased, 17, 46. 
 
 eossato grant to, 90. 
 
 allidavit as to identity of", 128. 
 
 EXECUTRIX, 13. 
 
 wile appointed bat not by name, 16. (See also Exbcutor. 
 
 EX EMPLUTC ATIONS, 1 00. 
 
 EXHIBITS, 40. 
 
 EXTRACTING SOLICITOR, 
 cannot administer oath, 20. 
 
 FATHER, 
 
 grant to, 67, 79. 
 
 FEE LIST, 42. 
 
 FEES, 
 
 double probate, 89. 
 cessate administration, 93. 
 re-sealing, 103. 
 seal, 118. 
 general, 119. 
 
 FIAT BY REGISTRAR, 5, 115. 
 
 FINANCE ACTS, 1H94 and 1896, 23. 
 
 FOREIGN DEBTS, 31. 
 
 FOREIGN PROPERTY, 30. 
 
 FOREIGN SURETIES, 62. 
 
 FOREIGN WILL, 9. 
 
 FORMS. (See Affidavits and Oaths.) 
 
 FREE MARK ON AFFIDAVIT, 38. 
 
 FUNERAL EXPENSES, 30. 
 
 GRANDCHILD, 
 
 grant to, 67, 78, 79. 
 
 GRANTS, 
 
 probates, 1. 
 
 administrations (will), 46. 
 administrations, 67. 
 double probates, 87. 
 cessate, 90. 
 de bonis nan, 94-97. 
 duplicate, 102. 
 resealing, 102-105. 
 alterations in, 112. 
 revocation, 113.
 
 INDEX. 
 
 GUAEDIAN, 
 
 administration (will) to, 58, 59. 
 administration to, 70, 73. 
 death of, 91. 
 
 affidavit by, to lead order, 128. 
 election of, 135. 
 renunciation by, 139. 
 
 GUARDIANSHIP OF INFANTS ACT. 1886, 72. 
 
 HANDWRITING, 
 
 affidavit as to, 130. 
 
 HUSBAND, 
 
 grant to, 67, 77. 
 
 not " next-of-kin," 68. 
 
 IDENTITY OF EXECUTOR, 6, 12. 
 affidavit as to, 128. 
 
 INCORPORATK >N, 
 
 of deeds in will, 5, 144. 
 
 INCREASING ESTATE, 
 additional security, 111. 
 forms of affidavit, 124. 
 
 INFANTS, 
 
 administration to guardian of, 70-73. 
 appointment of guardian of. 128. 
 
 INLAND REVENUE, 
 affidavits for, 21. 
 free marks, 38. 
 
 INTERLINEATIONS, 
 in will, 4, 125. 
 in oath, 18. 
 
 INTESTACY, 
 
 grants in, 67. 
 oaths in, 75 et seq. 
 bond in, 83. 
 
 tables of succession, 17.S. 
 
 INTESTATES ACT, 1890, 178. 
 
 IRELAND, 
 
 oaths in, 20. 
 
 property in, 25. 
 
 resealing in, of English grants, 103. 
 
 IRISH GRANTS. 102. 104. 
 
 ISLE OF MAN, 
 
 will from, 8. 
 property in, 30. 
 
 189
 
 L90 INDEX. 
 
 JURAT, 10. 
 
 JUSTIFICATION OF SURETIES. (See Affidavit.) 
 
 LEASEHOLD PROPERTY, 
 
 of which deceased was owner, 28. 
 
 of which deceased was tenant for life, 32. 
 
 I , E< JATEE, 
 
 grant to, 47. 
 oath for, .5.5. 
 
 LETTERS OF ADMINISTRATION, 
 with will annexed, 46. 
 in intestacy, 67. 
 
 LUNATIC, 
 
 grant to next-of-kin of, 74. 
 affidavit as to lunacy, 129. 
 
 MAN, ISLE OF, 
 
 will from, 8. 
 property in, 30. 
 
 MARTNER, 12, 14. 
 
 MARKETABLE SECURITIES, 
 
 value of, for grant, 27. 
 foreign bonds, etc., 30. 
 
 MARKING EXHIBITS, 40. 
 
 MARKSMAN, 
 
 testator a, 2. 
 
 affidavit as to, 127. 
 deponent a, 18, 19. 
 party to bond a, 65. 
 
 MARRIED WOMAN, 
 
 surety to bond, 61. 
 will of, 86. 
 
 MEMORIAL FOR FREE MARK, 38. 
 
 MINORS, 
 
 executors, 7, 15. 
 
 administration (will) to guardian of, 58, 59. 
 administration to guardian of, 70-73. 
 when of age, grant to, 91, 92. 
 
 MOTHER, 
 
 grant to, 67, 79. 
 
 NAME OF EXECUTOR, 6. 
 NAME OF TESTATOR, 13.
 
 INDEX. 191 
 
 NEXT-OF-KIN, 
 
 administration (will) to, 4 7. 
 description of, 67, 68. 
 table of, 178. 
 
 NOTATION, 
 
 of domicile, 101. 
 
 form of affidavit, 134. 
 after grant passed, 101. 
 
 form of affidavit, 134. 
 
 OATH, 
 
 for executors, 11. 
 
 for administrators (with will), 48. 
 
 to guardian of minor, 58, 59. 
 
 to attorney, 60. 
 for administration to guardian of minors, 72. 
 
 to guardian of infant, 73. 
 
 to attorney, "i. 
 
 to next-of-kin of lunatic, 74. 
 for administrators, 75. 
 for administration to official receiver, 82. 
 for administration to creditor, 82. 
 for double probate, 87. 
 for cessate probate, 90. 
 for cessate administration (will), 91. 
 for cessate administrators, 93. 
 for administration (will) de bonis twn, 95, 96. 
 for administration de bonis noil, 98, 99. 
 for re -sealing Colonial grant, 108. 
 to lead substituted grant, 1 1 5. 
 for noting domicile when grant passes, 134. 
 for noting domicile after probate, 134. 
 
 OATHS, 
 
 who may administer, 20. 
 in .Scotland, 20. 
 in Ireland, 20. 
 in Colonies, 20. 
 in foreign parts, 20. 
 
 OFFICE COPY WILLS, 120. 
 
 OFFICIAL RECEIVER, 
 
 grant to, 82. 
 
 ORDERS AND RULES, 140-167. 
 
 PERSONAL ESTATE, 
 
 gross value to be inserted in oath, 17. 
 
 grant given in reaped of .ill of which deceased died possessed, 18. 
 
 in Scotland, 18. 
 
 in Ireland, 18, 104. 
 
 abroad, 30. 
 
 PLACE OF DEATH, 14.
 
 102 INDEX. 
 
 PLIGHT AND CONDITION, 5. 
 affidavit of, 131. 
 
 POWER OF ATTORNEY, 
 forms of, 136. 
 
 POWER RESERVED, 17. 
 
 renunciation after, 100. 
 
 PRECEDENTS, 
 
 of tonus, 124-139. 
 of costs, 108-175. 
 
 PROBATE, 
 
 refused, 3, 11G. 
 
 to issue seven days after death, 7. 
 
 double, 87. 
 
 costs of, 167, 168. 
 
 PROBATE DUTY, 21. 
 
 PROCEDURE, 
 
 for probate, 41. 
 
 for administration (with the will), 46. 
 
 for administration, 67. 
 
 for double probate, 87. 
 
 for cessate grants, 90. 
 
 for de bonis non grants, 94. 
 
 on re-sealing, 102. 
 
 PROPERTY, 
 
 Probate duty on, 21. 
 Estate duty on, 23. 
 
 personal estate, 24. 
 
 gifts inter vivos, 25. 
 
 interests in expectancy, 28. 
 
 foreign, 30. 
 
 real estate, 33. 
 succession to, tables, 178. 
 
 QUEEN'S PROCTOR, 59, 70. 
 
 RATES OF DUTY, 22, 35. 
 
 REAL ESTATE, 
 
 value of, not to be included in oath, 18. 
 duty on, 33. 
 succession to, 178. 
 
 REASON OF DELAY, 7,47, 69, 111. 
 form of, 132. 
 
 REFUSAL OF PROBATE, 3, 116. 
 
 REGISTRAR'S FIAT, 5, 115.
 
 INDEX. 193 
 
 REGISTBEES (DISTRICT), 
 
 list of, 176. 
 
 RELATIONSHIP, 
 
 of executor to deceased, 15. 
 
 RENUNCIATION, 
 
 by executor, 17. 
 
 includes renunciation of right to administration, 46. 
 by guardian, 57, 139. 
 of administration, 68. 
 
 alter granl passes, 1 00. 
 forms of, 137, 138. 
 
 RESEALING, 
 
 Irish grants, 102. 
 
 Scotch grants, 102. 
 
 English grants in Ireland, 103, 104. 
 
 Colonial grants, 105-110. 
 
 RESIDENCE, 
 
 of executor, 12. 
 of testator, 14. 
 of intestate, 75. 
 of administrator, 75. 
 
 RESIDUARY LEGATEE, 
 grant to, 46, 95. 
 
 representatives of, grant to, 47, 96. 
 forms of oath for grant to, 49, ei seq. 
 
 REVOCATION OF GRANT, 113. 
 affidavit to lead, 114. 
 
 RULES AND ORDERS, 140-107. 
 
 SCOTCH GRANTS, 8. 
 noting domicile, 101. 
 re-sealing of, 102. 
 
 SCOTCH WILL, 8. 
 
 affidavit as to validity, 129. 
 
 SCOTLAND, 
 
 personal estate in, 18, 25. 
 oaths in, 20. 
 
 SEAL FEES, 118. 
 
 SEAMAN, 12, 14. 
 
 SEARCH, 8. 
 
 affidavit of, 132. 
 
 O
 
 lit I INDK.V 
 
 SEARCHES, 119. 
 
 SECOND GRANTS, 87, ei teq. 
 
 SECURITIES, 
 
 value of, for grant, 27. 
 foreign, 28, 30. 
 
 SIGNATURE, 
 to will, 1, 13. 
 
 of testator by his direction, 2. 
 by liis mark, 2. 
 in two places, 3. 
 in attestation clause, 3. 
 below signatures of witnesses, 3. 
 
 SISTER, 
 
 grant to. 68. 
 
 SOLICTTOE EXTRACTING GRANT. 18. 
 cannot take oath, 20. 
 
 STAMP DUTY, 
 
 on bond, 62. 
 
 SUBDUCTING CAVEAT, 117. 
 
 SUBSTITUTED GRANT, 113. 
 oath to lead, 115. 
 
 SUCCESSION, 
 
 tables of, 178. 
 
 SURETIES TO BOND, 61. 
 
 married woman, 61. 
 cannot be discharged, 62. 
 affidavit of justification, 130. 
 
 SWEARING FEES, 43. 
 
 TABLES, 
 
 of fees, 118-123. 
 of succession, 178. 
 
 TAXATION OF COSTS, 167. 
 
 TESTATOR, 
 
 execution by, 1,2, 13. 
 signature of, by his direction, 2. 
 
 by his mark, 2. 
 
 in two places, 3. 
 
 in attestation clause, 3. 
 
 below signatures of witnesses. 3.
 
 INDEX. 195 
 
 TESTATOB— [continual). 
 
 name of, 13. 
 
 description of, in oath, 13. 
 
 residence of, 14. 
 
 relationship of executors to, 15. 
 
 TESTATRIX, 14. 
 
 Set also Tfstator). 
 
 TIME, 
 
 for probate to issue, 7. 
 
 for administration (will) to issue, 47. 
 
 for administration to issue, 69. 
 
 TRANSLATIONS. 8, 10. 
 
 VALUATION, 
 
 marketable securities, 27. 
 original must be filed, 27. 
 
 isehold properly, 28. 
 real estate, 33. 
 
 VOLUNTARY REVOCATION OF GRANT, 113. 
 
 WARNING CAVEAT, 117. 
 
 WELSH WILL, 8. 
 
 WIDOW. 
 
 executrix, 16. 
 administratrix, 67, 77. 
 not " next-of-kin," 68. 
 
 WILL. 
 
 execution of, 1. 
 
 signed by direction, 2. 
 
 signed by testator's mark, 2. 
 
 signed in attestation clause, 3. 
 
 signed below witnesses, 3. 
 
 witnesses dead, 4. 
 
 alterations in, 4. 
 
 plight and condition of, 5. 
 
 documents, etc., referred to in, 5. 
 
 executors appointed by, 6. 
 
 executor by tenor of, 6. 
 
 draft of, 7. 
 
 bearing no date, 7. 
 
 bearing more than one date, 8. 
 
 of British subject dying domiciled abroad, 8. 
 
 [ale of Man, 8. 
 
 Scotch, 8. 
 
 Welsh, 8. 
 
 Foreign, 9.
 
 1915 
 
 INDEX. 
 
 WILL {continued). 
 
 copy of. sworn to, 1(>, 13. 
 transmission of original, 123. 
 affidavit as to alterations in, 125. 
 affidavits by witnesses to, 125, 127. 
 
 affidai il as to validity, 129. 
 
 WILLS .MT, L837, I, 3. 
 
 WILLS ACT, L852, 3. 
 
 WILLS ACT, 1861,8. 
 
 WITNESS, 
 to will, 1. 
 
 to codicil, 1,2. 
 
 affidavit by, as to execution, 2, 3, 126. 
 as to reading over, 2, 127. 
 
 as tii alterations. 4, 125. 
 
 as to date of will, 7, 8. 
 
 as to plight, 131. 
 if both dead, affidavit as to execution, 4. 
 forms of affidavit by, 125-127. 
 
 "YOUNGER," 13.
 
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 9
 
 W.VI'ERWW <$■ SONS LIMITED, LAW POBUSIIEHS. 
 
 Handbook 
 
 TO THE 
 
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 COMPRISING 
 
 The Finance Acts, 1894 and 1896, 
 
 WITH 
 
 A LENGTHY COMMENT THEREON, 
 
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 ALFRED W. SOWARD, 
 
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 THE PRACTITIONER'S 
 
 PROBATE MANUAL, 
 
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 LAW WRITING AND ENGROSSING. 
 
 Waterlow (fe Sons Limited desire to call the attention of Solicitors to 
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 16
 
 SUPPLEMENT 
 
 SEVENTH EDITION 
 
 Practitioner's Probate Manual.
 
 THE FINANCE ACTS, 1894 & 18%. 
 
 ♦ 
 
 Waterlow & Sons Limited have prepared the 
 following Forms for use with the Inland Revenue 
 
 Affidavits issued under above Acts. 
 
 No. 852. — Particulars of the Debts due and owing from the 
 
 Deceased, being Part I. of Schedule i. 
 852a. — Particulars of the Money out on Mortgage, Bills, &c, 
 
 comprised in Account No. i. 
 853. — Particulars of Real Property of which the Deceased 
 
 was absolute owner, comprised in Account No. 5. 
 853a. — Particulars of Real Property passing by death of 
 
 Deceased. 
 854. — Particulars of the Debts and Incumbrances on the 
 
 Real Property comprised in Account No. 5. 
 854a. — Particulars of Personal Estate passing on the death 
 
 of the Deceased, included in Account No. 4. 
 855. — Particulars of Real Property which passed on the 
 
 death of Deceased under a disposition other than 
 
 the Will of Deceased, comprised in Account No. 5. 
 855a. — Particulars of Leasehold Property which passed on 
 
 the death of Deceased under a disposition other than 
 
 the Will of Deceased, comprised in Account No. 4. 
 856. — Particulars of Leasehold Property, comprised in 
 
 Account No. 1. 
 856a. — Particulars of the Rents of Real and Leasehold 
 
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 857. — Particulars of Stocks and Shares, comprised in 
 
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 857a. — Particulars of " Other " Property passing on the 
 
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 857b. — Particulars of the Dividends on Stocks and Shares 
 
 comprised in Account No. 1. 
 
 F*rice 2d. each, 2/6 per quire, 
 
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 WATERLOW & SONS LIMITED, 
 London Wall, London, E.C.
 
 The Practitioner's Probate Manual, 
 
 (SEVENTH EDITION.) 
 
 SUPPLEMENT 
 
 TO THE AliOVK, 
 
 SHOWING THE CHANGES EFFECTED 
 
 LAND TRANSFER ACT, 1897, 
 
 (60 & 61 Victoria, cap. 65.) 
 
 AND THE 
 
 FINANCE ACT, 1900. 
 
 (Section H.) 
 
 By Section 1 of the above Act it is enacted that where Real 
 Estate is vested in any person without a right in any other 
 person to take by survivorship it shall, on his death, notwith- 
 standing any testamentary disposition, devolve to and become 
 vested in his personal representatives or representative from 
 time to time as if it were a chattel real vesting in them or him. 
 
 The Section is to apply to any Real Estate over which a 
 person executes by Will a general power of appointment as if 
 it were Real Estate vested in him. 
 
 Probate and Letters of Administration may be granted 
 in respect of Real Estate only, although there is no personal 
 Estate. 
 
 The expression " Real Estate " in this Act shall not be 
 deemed to include land of copyhold tenure or customary free- 
 hold in any case in which an admission or any act by the Lord 
 of the Manor is necessary to perfect the title of a purchaser 
 from the customary tenant.
 
 The Section applies only in cases of death after the com- 
 mencement of the Act, which is the 1st day of January, 1898. 
 
 By Section 2^ it is provided that where a person dies 
 possessed of Real Estate the Court shall in granting Letters of 
 Administration have regard to the rights and interests of 
 persons interested in his Real Estate, and his heir-at-law, if not 
 one of the next-of-kin, shall he equally entitled to the Grant 
 with the next-of-kin. When, therefore, the applicant for the 
 Grant is not one of the next-of-kin of the deceased, it will be 
 necessary to show either that the deceased did not die possessed 
 of Real Estate, or, by separate Affidavit, who is the heir-at-law. 
 The most common case is that of an application for Grant by a 
 guardian of a minor, when it must be shown, by separate 
 Affidavit, that one of the minors electing the guardian, or for 
 whose use the Grant is given, is the heir-at-law of the deceased. 
 
 The passing of this Act has necessitated a change in the 
 forms used in the Probate Registry, and these forms are given 
 in the following pages. The forms are available for all cases, 
 whether the deceased died before the 1st January, 1898, or on 
 or after that date. 
 
 The reference in the forms throughout the Probate Manual 
 to the " Personal Estate and Effects of the Deceased " should 
 be varied, so as to read, " all the Estate which by law devolves 
 to and vests in the personal representative of the deceased." 
 
 It should be noted that in the form of Oath the amount of 
 the Estate to be inserted will, if deceased died before 1st January, 
 189S, be the gross value of his personal Estate only ; but if he 
 died on or after that date, the gross value of the personal Estate 
 plus the gross value of the Real Estate must be given.
 
 [Oath for Executor. .] 
 
 (Page 11, " Probate Manual.") 
 (Ubi w, Beading.) 
 
 IN the Estate of deceased. 
 
 I (or We) of make oath and say, that believe the paper 
 
 writing hereto annexed, and marked by to contain the true and original last Will 
 
 and Testament of of 
 
 formerly of deceased, who died on the day of 1 
 
 at that and that 
 
 Bxecut in the said named, and that will well and faithfully 
 
 administer according to law all the Estate which by law devolves to and vests in the personal 
 representative of the said deceased, and that will exhibit a true and perfect inventory 
 
 of the said Estate, and render a just and true account thereof, whenever required by law 
 so to do ; and that the gross value of the said Estate of the said deceased amounts to £ * 
 and no more to the best of knowledge, information and belief. 
 
 Sworn, etc. 
 
 [Oath for Administrator (Will).'] 
 
 {Page 48, "Probate Manual.") 
 (Usual Heading.) 
 IX the Estate of deceased. 
 
 I (or We) make oath and say, that believe the paper 
 
 writing hereto annexed, and marked by to contain the true and original last Will 
 
 and Testament of of 
 
 formerly of deceased, who died on the day of 1 
 
 at and that and that will 
 
 well and faithfully administer according to law all the Estate which by law devolves to 
 and vests in the personal representative of the said deceased, and that will exhibit 
 
 a true and perfect inventory of the said Estate, and render a just and true account thereof, 
 whenever required by law so to do ; and that the gross value of the said Estate of the said 
 deceased amounts to £,* and no more, to the best of knowledge, infor- 
 
 mation, and belief. 
 Sworn, etc. 
 
 [Oalh for Administrator.] 
 
 (Page 75, "Probate Manual.") 
 (Usual Beading.) 
 IN the Estate of deceased. 
 
 I (or We) make oath and say, that of 
 
 deceased, died on the day of 1 at 
 
 Intestate a and that 
 
 of the said deceased, that will faithfully administer according to law all the Estate 
 
 which by law devolves to and vests in the personal representative of the said deceased ; 
 that will exhibit a true and perfect inventory of the said Estate, andr end era just 
 
 and true account thereof, whenever required by law so to do ; and that the gross value of 
 the said Estate of the said deceased amounts to '-' " and no more, to the best 
 
 of knowledge, information, and belief. 
 
 * If the deceased died on or since the 1st January, 1S98, insert the gross value of the Personal 
 plus the gross value of the Real Estate, us defined by Sec. I, Land Transfer Act, 1897. If 
 deceased died before 1st January, 1898, insert the gross value of the Personal Estate only.
 
 K> 
 
 [Bond —Intestacy.] 
 
 ( Page SS, " Probate Manual.") 
 
 _NOW All Men by these Presi nte, thai w r e 
 are jointly and several!} bound onto The Bight Honours 
 
 the President ol the Probate Divorce and Admiralty Division 
 of Her Majesty 's i ligh I lourl ol Jusl ice, in the Sum of * 
 rounds, of good ami lawful monej nt Great Britain, to be paid to the Baid 
 
 or to the President of the said Division for the time being, for which payment 
 well ami truly to be made we bind ourselves and each of us for the Whole, our 
 
 Heirs, Executors and Administrators tinnh h.\ Lit Is. Sealed with our 
 
 Seals. Dated the day of in the Year 
 
 of our Lord One Thousand Nine Hundred 
 The Condition of this Obligation is such, that if the above-named 
 the of of deceased, who died on the day of 
 
 1 and the intended Administrat of all the Estate which by law devolves to and 
 
 vesta in the personal representative of the said deceased 
 
 do, when lawfully called on in that behalf make, or cause to be made, a true and perfed 
 Inventory of the said Estate which has or shall come to 
 
 Hands, Possession, or Knowledge, or into the Hands and Possession 
 of any other Person for , and the same so made do exhibit, or cause to 
 
 be exhibited, into the Registry of the Probate Division of Her Majesty's 
 
 High Court of Justice , whenever required by Law so to do. And the 
 
 said Estate do well and truly Administer according to Law. And 
 
 further do make, or cause to be made, a just and true Account of 
 
 said Administration, whenever required by Law so to do. And if it shall hereafter appear that 
 any last Will and Testament was made by the said Deceased, and the Executor or Executors 
 or other persons therein named do exhibit the same into the Probate Division of the said 
 Court, making request to have it allowed and approved accordingly, if the said intended 
 Administrat being thereunto required, do render and deliver the Letters of Administration 
 (approbation of such Testament being first had and made) in the said Court, then this 
 Obligation to be void and of none effect, or else to remain in full force and virtue. 
 
 IV: 
 
 [Bond — Administration ( Will).'] 
 
 {Page 03, "Probate Manual.") 
 
 .NOW All Men by these Presents, That We 
 are jointly and severally bound unto The Right Honourable 
 the President of the Probate, Divorce and Admiralty Division of Her Majesty's 
 High Court of Justice, in the sum of * Pounds 
 
 of good and lawful money of Great Britain, to be paid to the said 
 
 or to the President of the said Division for the time being, for which payment 
 well and truly to be made we bind ourselves and each of us, for the whole, our 
 Heirs, Executors and Administrators, firmly by these Presents. 
 Sealed with our Seals. Dated the day of 
 
 in the year of our Lord One Thousand Nine Hundred 
 The Condition of this Obligation is such, that if the above-named 
 
 of of , deceased, who died on the day of 1 and the 
 
 intended Administrat (with the Will annexed) of all the Estate which by law- 
 
 devolves to and vests in the personal representative of the said deceased 
 
 do when lawfully called on in that behalf, make or cause to he made a true and perfect Inven- 
 tory of the said Estate which has or shall come to 
 Hands, Possession, or Knowledge, and the same so made do exhibit, or cause 
 to be exhibited, into the Registry of the said Division at 
 
 whenever required by law so to do, and the said Estate do well and truly 
 
 Administer according to law, and further do make or cause to be made a just and true 
 Account of said Administration when shall be thereunto lawfully required, 
 
 then this Obligation to be void and of none effect, or else to remain in full force and virtue. 
 
 * Note.— If deceased died on or since 1st January, 1898, the Penal Sum is double the gross 
 Personal Estate plus double the gross Annual Value of the Real Estate. If deceased 
 died before that date the Penal Sum is double t he gross Personal Estate.
 
 '[Declaration of Estate.] 
 
 (Page 1SS, " Probate Manual.") 
 (i fsuAli Heading.) 
 
 IX the Estate of deceased. 
 
 A true declaration of all the Estate which by law devolves to and vests in the personal 
 
 representative of of deceased, 
 
 who died on tin' day of 1 at (and had at 
 
 the t line of h death a fixed place of abode at ) which has at any time 
 since h death coin'- to the hands, possession or knowledge of 
 
 l In intended Adininistrat of the said Estate made and exhibited 
 
 upon and by virtue of the Corporal oath of the said as follows, to wit : 
 
 First, this declarant declares the said Estate to be as follows :— 
 Personal Property: — £ i. d. 
 
 Ileal Property: — 
 
 This declarant further declares that no Estate devolving to and vesting as aforesaid in the 
 personal representative of the said deceased has at any time since h death come to the 
 hands, possession or knowledge of this declarant, save as hereinbefore set forth. 
 
 On the day of 1 
 
 the said 
 
 was duly sworn to the truth of the 
 
 above declaration at 
 
 in the 
 
 Before me 
 
 A Commi sioru r for Oaths. 
 
 [Affidavit for Notation of Domicile.] 
 
 (Page ISA, "Probate Manual.') 
 
 (Usual Heading.) 
 IN the Estate of deceased. 
 
 I, make Oath, and say that 
 
 of deceased, died on the day of 
 
 1 , at and was at the time of h death domiciled 
 
 in that part of the United Kingdom called England, that 
 
 granted to me by the said Court at the Registry thereof, on the 
 
 <l:i \ ot 1 , that all the Estate which by Law devolves to and vests 
 
 in the personal representative of the said deceased within the United Kingdom of Great 
 Britain and Ireland, and for or in respect of which the said granted, 
 
 exclusive of what the said deceased may have been possessed of or entitled to as a Trustee for 
 any other person or persons and not beneficially, and without deducting anything on account 
 of the debts due and owing from the said deceased, was of the gross value of £ 
 to the best of my knowledge, information, and belief. 
 
 And I further make oath that a part of the said estate of the value of £ 
 was in England, and a further part thereof amounting in value to the sum of £ , 
 
 and more particularly mentioned and set forth in the Schedule hereunto annexed, was in 
 Scotland, and that the said deceased was at the time of h death possessed 
 
 of or entitled to estate in Ireland 
 
 to the best of my knowledge, information, and belief. 
 
 Sworn, etc.
 
 [Oath for Executors, including Scotch Property.'] 
 
 (Page ISU, " Probate Manual.") 
 
 (Usual Hkadino.) 
 
 IN the Estate of deceased. 
 
 1 (or We) make I >at h and saj , that believe the paper 
 
 writing hereto annexed, and marked by to contain the true and original last Will and 
 
 Testament of of 
 
 formerly of deceased, who died on the day of 1 
 
 at that 
 
 and thai Execut in the said named, 
 
 and that will well and faithfully administer according to law the Estate which by law 
 
 devolves to and vests in the personal representative of the said deceased and that will 
 
 exhibit a true and perfect inventory of the said Estate and render a just and true account 
 thereof, whenever required by law so to do ; that the said deceased died domiciled in 
 England ; and that the gross value of the said Estate of the said deceased in the United 
 Kingdom amounts to & and no more, to the best of knowledge, information 
 
 and belief. 
 
 Sworn, etc. 
 
 [Oath for Guardian of Minors.] 
 
 (Page 72, " Probate Manual.") 
 
 (Usual Heading.) 
 
 I, of 
 
 make Oath and say, that of 
 
 deceased, died on the day of at 
 
 a and intestate leaving h natural and lawful 
 
 and only child and only next-of-kin who are now in their minority to wit 
 
 the said a minor of the age of years only, the 
 
 said a minor of the age of years only : 
 
 that there is no testamentary or other lawfully appointed guardian of the said minors 
 
 : that the lawful of the said minors, 
 
 and that the said minors have by an instrument in writing bearing date the day of 
 
 1 , elected or chosen to be their curator or guardian for the 
 
 purpose of taking out Letters of Administration of all the Estate which by Law devolves to 
 and vests in the personal representative of the said deceased to be granted to for 
 
 and until one of them shall attain the age of 21 years ; that will 
 
 faithfully administer according to law all the Estate which by law devolves to and vests in 
 the personal representative of the said deceased for the use and benefit of the said minors 
 and until one of them shall attain the age of 21 years ; that will 
 
 exhibit a true and perfect inventory of the said Estate and render a just and true account 
 thereof whenever required by law so to do ; and that the gross value of the said Estate of 
 the said deceased amounts to £ and no more, to the best of 
 
 knowledge, information, and belief.* 
 
 Sworn, etc. 
 
 If there is no real Estate add, " And I further make oath and say that the said deceased did 
 not die possessed of any real Estate."
 
 [Affidavit as to Heir-at-Law of Decease'/. \ 
 
 (Usual Headihg.) 
 
 In the Estate of 
 
 I of 
 
 make oath and sa\ as follows: — 
 
 1. That of 
 
 deceased, died on the day of l , at aforesaid, 
 
 a hachelor without a parent and intestate (<</■ <<s the rasr may he). 
 
 ■1. That tlie said deceased was at the date of death possessed '>i certain 
 
 freehold property, situate at , which said rial Estate 
 
 became the property of the deceased by virtue of three several Indentures of Conveyance 
 on a purchase of the said freehold property by the gaid 
 
 3. That late of , 
 the father of the said deceased, was married once only, viz., to , 
 in or about the year . He died on day of 18 , having 
 survived his said wife 
 
 4. There were issue of the marriage children, and no more, viz. : — 
 
 5. That under the circumstances stated in this Affidavit I am the heir-at-law of the 
 said deceased, 
 
 Sworn by the said 
 
 at in the 
 
 the day of 
 
 19 
 Before me 
 
 A Commissiomr for Oaths. 
 
 [Renunciation of Probate and Administration (Will).'] 
 
 (Page 1S7, "Probate Manual.") 
 (Usual Heading.) 
 
 WHEREAS of deceased, died on the 
 
 day of One thousand nine hundred at 
 
 and had at the time of h death a fixed place of abode at v\ ithin the 
 
 district of And Whereas he made and duh executed h last Will and 
 
 Testament, bearing; date the day of one thousand hundred 
 
 and 
 and thereof appointed 
 
 NOW the said do hereby declare, that have not intermeddled in the 
 
 Estate which by law devolves to and vests in the personal representative of the said deceased, 
 and will not hereafter intermeddle therein, with intent to defraud creditors ; and do 
 
 hereby expressly renounce all right and title to the Probate and execution of the said 
 
 Will anil to the belters of Administration with the said Will annexed, of 
 
 tlie said Estate of the said deceased. 
 
 Signed by the said, etc. 
 
 [Ren a natation of Admiinistration.] 
 
 (Page 13S, " Probate Manual.") 
 (Usual Heading.) 
 
 WHEREAS late of in the 
 
 County of deceased, died on the day of 
 
 One thousand hundred and at 
 
 Intestate leaving me 
 
 NOW the said do hereby renounce all 
 
 right and title to the Letters of Administration of the Estate which by law devolves to and 
 vests in the personal representative of the said deceased. 
 
 Signed, etc.
 
 10 
 
 AFFIDAVIT FOE INLAND REVENUE. 
 
 In respect of the Estate of persons who have died on or after 
 1st January, 1898, the following forms must be used : — 
 
 Form A-3 for cases in which Form A-l was applicable for 
 deaths prior i<> 1st January, 1898 (see page 23 of the Manual.) 
 
 It should be particularly noted that in every case paragraph 7, 
 which shows the value of the Estate in respect of which the 
 Grant is to be given, must remain. 
 
 The Account No. 1 contains two parts, part No. 1 being for 
 the personal Estate of the deceased, and part No. 2 containing 
 particulars of the gross annual value and the gross principal 
 value of the Real Estate in England vested in the deceased 
 without a right in any other person to take by survivorship ; 
 and real property over which deceased executed by Will a 
 general power of appointment. Copyhold or customary land, 
 where an admission or act by the Lord of the Manor is necessary 
 to perfect the title of a purchaser from the customary tenant, is 
 not to be included in this Account No. 1. 
 
 If the duty on this Real Estate is being paid upon the 
 Affidavit, full particulars thereof are to be given in Account 
 No. 5 ; if not so paid, particulars, not necessarily in detail, 
 should be given in a separate account. 
 
 In Account No. 5 should be given particulars of all 
 Real Estate in respect of which Estate Duty is payable upon 
 the death of deceased, and which duty is being paid upon 
 the Affidavit, whether the property is aggregable or non- 
 aggregable. 
 
 If there is any property which is chargeable with Estate 
 Duty on the death of the deceased, but in respect of which 
 the duty is not being paid upon the Affidavit, the particulars 
 thereof should be shown by separate Accounts and should not 
 be included in the Accounts Nos. 3 to 5 in the Affidavit.
 
 11 
 
 Form k-i for eases where the only property passing is 
 Personal Estate under the deceased's Will or intestacy. 
 
 Form B-2 is for cases in which Form 13- 1 was applicable for 
 deaths prior to 1st January, 1898 (see page 23 of the Manual). 
 The form is similar to Form B-l, but makes provision for 
 indicating the Real Estate which devolves to or vests in the 
 personal representative of the deceased. It should be particu- 
 larly noted that paragraph (5, which shows the value of the 
 Estate in respect of which the grant is to be given, must in 
 every case remain. 
 
 The Rules as to the description and valuation of Real Estate 
 which are indicated on pages 32-31 of the Manual remain 
 unaltered. 
 
 By Section 5 of the Land Transfer Act, 1897, it is enacted 
 that nothing in the first part of the Act shall affect any duty 
 payable in respect of Real Estate, or impose any other duty 
 than is now payable in respect thereof. 
 
 By Section 13 of the Finance Act, 1900, the rate and 
 amount of duty payable upon the Estates of persons dying on 
 or after the 9th April, 1900, will be determined bj r the exact 
 amount of the net value of the Estate. 
 
 If, therefore, the net value of the Estate of a person so 
 dying is £509, the rate of duty will be 2 per cent., and the 
 amount of duty will be £10 3s. Id. 
 
 The basis for rate and amount of duty in the cases of 
 persons dying before the 9th April, 1900, will be as indicated on 
 page 35 of the Probate Manual. 
 
 For List of Forms see over. 
 
 N.B. — In every case where the death was before 1st January, 1898, 
 the old forms of Affidavit must be used. 
 
 — Waterloo & Sons Limited, London Wall, London.—
 
 Watekuuw & Sons Limited. 
 
 LIST OF PROBATE FORMS 
 
 i NDBR 
 
 THE LAND TRANSFER ACT, 1897 
 
 No. 
 
 3.- 
 I. 
 5. 
 Hi. 
 17. 
 L8. 
 21.- 
 22.- 
 23] 
 1 L87. 
 I L92. 
 1193.- 
 1194.- 
 
 1195.- 
 
 PRINCIPAL REGISTRY. 
 
 < >nt li Eor Executor 
 
 Oath for Administrator (with Will) 
 
 -Qath Eor Administrator 
 
 I'.oml Intestacy 
 
 Bond — Administral ion | Will) 
 -Declaration of Estate 
 
 -Ivciiunciatiuii of Probate and Administration 
 -Renunciation of Administration 
 -Oath for Guardian of a Minor I 9/p 
 
 -Affidavit for Notation of Domicile ) ' ^ ' 
 
 1 1.1 tli fur Executors, including Scutch Property 
 
 Oath for Administrator, including Scutch Property 
 -Oath for Administrator (Will), including Scutch 
 
 Property 
 -Renunciation of Probate only 
 
 (Will) 
 
 No 
 
 4, 
 
 5, 
 
 6, 
 
 IT, 
 
 18, 
 
 19, 
 
 00 
 
 — ) 
 
 23, 
 
 24, 
 L187. 
 
 1192, 
 1193. 
 1194. 
 
 119:.. 
 
 DISTRICT REGISTRY. 
 
 D.R. — Oath for Executor 
 
 D.R. — Oath for Administrator (with Will) 
 
 D.R. — Oath for Administrator 
 
 D.R. — Bond — Intestacy 
 
 I >. 1 1. — Bond — Administral i< >n ( Will) 
 
 D.R. — Declaration of Estate 
 
 D.R. — Renunciation of Probate and Administration 
 
 (Will) 
 D.R. — Renunciation of Administration 
 D.R. — Oath for Guardian of a Minor I »,. 
 — Affidavit for Notation of Domicile ) ' * 
 — Oath for Executors, including Scotch Property 
 Oath for Administrator, including Scotch Property 
 -Oath for Administrator (Will), including Scutch 
 Property 
 — Renunciation of Probate onlv 
 
 1/6 
 
 per 
 
 quire. 
 
 1/6 
 
 per 
 
 quire. 
 
 1/6 
 
 per 
 
 (pi ire. 
 
 I 6 
 
 per 
 quire. 
 
 A complete list of Probate Forms will be sent post free on application to 
 
 WATERLOW & SONS LIMITED, London Wall, London. 
 LAV LIBRARY 
 [IVERSITY OF
 
 1 
 
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