Courts of Justice

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Once an application has been made

What happens next? | How long will it take? | Can a person prevent probate from being granted?

30. What happens next?

The application will be considered and, providing all is in order, the Grant will be prepared and sent to the Isle of Man address for service stated on the application form. The address for service must be an address in the Isle of Man.

If the application, or supporting documentation, is deficient in any way, or if the Court is required to make further enquiries before the application can be progressed, we will write to the Isle of Man address for service stated on the application form. Any documents that need amending will also be returned with the covering letter to the Isle of Man address for service.

Where there are amendments required to the application form, these must be made and then the form must be resworn before a Commissioner for Oaths (please see Question 22, point 4) and, if applicable, the Will must be remarked (that is to say signed with full signatures) also.

31. How long will it take?

Providing the application and all supporting documentation is in order, and no further information is required or enquiries needed, we aim to process all probate applications, and issue the Grant to the Isle of Man address for service stated on the application form, within the following guidelines

However, it should be noted that unless the permission of the Civil Division of the High Court is obtained, no Grant of Probate or of Administration with the Will annexed shall issue within seven days of the death of the deceased, and no Grant of Administration shall issue within fourteen days thereof.

If further enquiries need to be made as a result of the application being incorrect, or deficient in some way, we aim to write to the Isle of Man address for service within 10 working days of receipt of the application.

32. Can a person prevent Probate from being granted?

Any person who wishes to show cause against the issue of a Grant of Representation may prevent probate/administration being granted in an estate by filing a caveat. The procedure prevents a Grant being issued without giving the Caveator (the person who enters the caveat) the opportunity to liaise with the person applying for the Grant, or to make representations to the Court about the matter.

Page last updated on 24 May 2016