How to Fill the PA1P Form When Multiple Executors Disagree

The PA1P form is used to apply for probate when there is a will, enabling executors to obtain the legal authority to manage the deceased’s estate. When multiple executors are named in the will and they disagree about applying for probate, completing the PA1P form can be more complex.

Understanding the Role of Executors and the PA1P Form

Executors are individuals named in the will to administer the estate. The PA1P form should be completed by the executors or, if there are no executors willing or able to apply, by a beneficiary. When executors disagree, the main issue is who has the authority to apply for probate.

Key Points to Consider When Executors Disagree

• Joint Executors: If the will states that executors must act jointly, all named executors usually need to agree and apply together. The PA1P form provides space for multiple executors to sign and supply their details.
• Executors to Act Separately: Some wills specify that executors may act independently. If this is the case, one executor can apply alone using the PA1P form. It is important to check the wording of the will carefully.
• Refusal or Disagreement: If one or more executors refuse or disagree, but the will requires joint action, the executors who wish to proceed may need to apply to the court for a grant of probate in their sole names or seek legal advice to resolve the dispute.

Practical Steps for Completing PA1P with Disagreeing Executors

1. Review the Will: Confirm whether executors are required to act jointly or can act separately, as this determines who can apply.
2. Complete the Form With Agreeing Executors: If the will permits executors to act separately, the executor(s) willing to apply should complete their details and sign the PA1P form.
3. Explain the Situation: The PA1P form includes a section for additional information. Use this to provide a brief explanation of any disagreement among executors, especially if applying without all named executors.
4. Seek Legal Advice if Needed: If the will requires joint action and executors cannot agree, it may be necessary to apply to the Probate Registry for guidance or consider applying for a grant of letters of administration instead.

When No Executors Can Agree or Act

If no executor is willing or able to apply, a beneficiary may apply for a grant of letters of administration with will annexed. This is a separate process from applying for probate and requires a different application.

Summary

Completing the PA1P form when executors disagree depends mainly on the terms of the will regarding how executors should act. If joint action is required, all executors usually must apply together. If executors may act separately, one executor can apply alone. In cases of dispute, legal advice or court involvement may be necessary. Always check the will carefully and provide clear explanations on the form where disagreements exist.

Official reference: https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will. Always check the latest official guidance. Related forms: Browse our form category.

Important: This article provides general information. Government rules, forms and procedures can change, and this article may not reflect the latest updates. Check current GOV.UK guidance or the relevant authority before relying on it. ITG & Co. is independent and is not affiliated with a government department.