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Old 26-11-09, 09:36 AM   #1
krhall
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Default What is an oath for administrators?

Anyone any ideas?

Ed where are you?

Tks
Kev
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Old 26-11-09, 09:45 AM   #2
Jabba
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Default Re: What is an oath for administrators?

Something you sign at a Probate Office to allow you to administer a deceased person's estate?
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Old 26-11-09, 10:08 AM   #3
krhall
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Default Re: What is an oath for administrators?

So it has to be signed at a probate office?

If you signed it but never saw the will from that point on is that wrong?
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Old 26-11-09, 10:11 AM   #4
krhall
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Default Re: What is an oath for administrators?

...and if a person has a will, but then gets married what happens to that will? Is it still a valid will?
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Old 26-11-09, 10:21 AM   #5
Jabba
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Default Re: What is an oath for administrators?

Yes, has to be done at a probate office. It is the legal power to administer the estate. The Probate Office will need to know that you are entitled to administer the estate either:

1. because the deceased person appointed you executor in their will
2. because you administer the estate by default (e.g. son/daughter) in the event that the deceased person died intestate

You sign the oath confirming that you are entitled to administer the estate. It is an offence to make a false declaration.
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Old 26-11-09, 10:23 AM   #6
Jabba
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Default Re: What is an oath for administrators?

Quote:
Originally Posted by krhall View Post
...and if a person has a will, but then gets married what happens to that will? Is it still a valid will?
The Will remains valid until changed.

There are a few legal "get outs", like the person not being of sound mind when making it or that it was changed under duress.

PS (and OT): please can you reduce the text size in your sig? Makes it look like you are shouting!

Last edited by Jabba; 26-11-09 at 10:24 AM.
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Old 26-11-09, 10:28 AM   #7
krhall
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Default Re: What is an oath for administrators?

I am...
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Old 26-11-09, 10:28 AM   #8
Jabba
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Default Re: What is an oath for administrators?

Quote:
Originally Posted by krhall View Post
If you signed it but never saw the will from that point on is that wrong?
Not necessarily. If the will appointed you executor then you sign/swear the oath on that basis.

you then have a legal duty to administer the estate according to the will. That's when you need to know what was in it.
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Old 26-11-09, 11:36 AM   #9
Ed
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Default Re: What is an oath for administrators?

The oath is exactly what Mr Jaffa Cakes says, but you can swear it anywhere not just at the Probate Office. I occasionally do them for peeople. Cost is £5 per swear.

On marriage I'm afraid Mr Cakes is wrong... marriage automatically revokes a will unless the will was made in contemplation of marriage (very rare nowadays) - the will would have to say so, eg 'I John Smith make this will expressly in contemplation of my forthcoming marriage to Jane Jones and declare that this my will should not be revoked by my forthcoming marriage...'
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Old 26-11-09, 11:40 AM   #10
krhall
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Default Re: What is an oath for administrators?

Thanks both most useful...

£5 per swear blimey I'd be bankrupt in 25 minutes at work.
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