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Oath (Executor/Administrator)

Also known as: Executor's Oath, Administrator's Oath

Definition

The executor's or administrator's oath was the traditional sworn declaration required when applying for probate, replaced since November 2018 by a simpler signed statement of truth that serves the same legal purpose.

Understanding this change is important because many probate guides still reference "swearing an oath", but you can now complete the entire application online from home without visiting a probate registry.

What Does Oath (Executor/Administrator) Mean?

Under the Non-Contentious Probate Rules 1987, Rule 8 originally required executors and administrators to make a formal sworn oath when applying for a grant of representation. This meant visiting a probate registry or solicitor's office in person to swear before an officer that the information in your probate application was true and that you would properly administer the estate according to law. The oath also included commitments to collect the deceased's assets, render accounts when required, and deliver up the grant if the court demanded it.

The Non-Contentious Probate (Amendment) Rules 2018 fundamentally changed this process, coming into force on 27 November 2018. The formal oath requirement was replaced with a "statement of truth"—a signed declaration you can complete either online through the digital probate service or on paper using form PA1. No formal swearing, witnessing, or in-person attendance is required. You simply sign confirming that the information you've provided is accurate and that you'll carry out your duties properly. This modernisation made probate significantly more accessible by removing the need for registry visits while maintaining the same legal commitments.

Section 25 of the Administration of Estates Act 1925 defines the core duties of personal representatives (both executors and administrators). These duties—to collect and administer the estate according to law, provide inventory and accounts when required, and deliver up the grant when necessary—are sometimes referred to as "The Executor's Oath" in traditional legal practice. While the application oath has been replaced by a statement of truth, these underlying Section 25 duties remain unchanged and form the legal foundation of what executors and administrators promise to uphold.

The statement of truth carries exactly the same legal weight as the traditional sworn oath. Making false statements in a probate application remains a serious criminal offence that can result in prosecution, revocation of the grant, and personal liability for losses caused. The change was about convenience and digital access, not about reducing legal seriousness. When David applied for probate online in 2024 after his mother's death, he signed the digital statement of truth from home—a process that took minutes compared to his father's 2005 experience requiring three separate registry appointments to swear the oath in person.

Common Questions

"Do I still need to swear an oath to get probate in the UK?" No, since November 2018, executors and administrators no longer need to formally swear an oath before receiving a grant of representation. Instead, you sign a statement of truth when applying for probate, either online or on paper form PA1. This simplified process removed the requirement to visit a probate registry or solicitor's office to swear an oath in person.

"What's the difference between the executor's oath and a statement of truth?" The executor's oath was the traditional sworn declaration made in person at a probate registry or solicitor's office, where you swore that the information in your application was true. The statement of truth is the modern replacement—a signed declaration with the same legal effect that you can complete online or on paper, without needing to swear it formally or have it witnessed.

"What happens if I make a false statement when applying for probate?" Making a false statement of truth in a probate application is a serious offence that can result in criminal prosecution, even though it's no longer a sworn oath. You're still legally declaring that the information is true and accurate to the best of your knowledge. False statements can also lead to the grant being revoked and personal liability for any losses caused.

Common Misconceptions

Myth: "I need to visit a probate registry or solicitor's office to swear an oath before I can get probate."

Reality: This is no longer true. Since November 2018, you can complete your entire probate application online, including the statement of truth, without visiting a probate registry or solicitor's office. The formal swearing of an oath has been replaced by a simpler signed declaration that has the same legal effect. Many people remember family members going through probate before 2018 when visiting a registry was mandatory, but the process has been modernised for digital convenience.

Myth: "A statement of truth isn't as serious as a sworn oath, so the information doesn't need to be as accurate."

Reality: A statement of truth carries exactly the same legal weight as the traditional sworn oath. Making false statements in a probate application can result in criminal prosecution, revocation of the grant, and personal liability for losses caused. The removal of formal swearing was about convenience and accessibility, not about reducing the legal seriousness of the declaration. You're still legally declaring that the information is true and accurate to the best of your knowledge.

  • Executor: The person who makes the statement of truth when applying for a grant of probate under a will.
  • Administrator: The person who makes the statement of truth when applying for letters of administration in intestacy cases.
  • Grant of Probate: The legal document giving executors authority to administer the estate—the statement of truth supports the application for this grant.
  • Letters of Administration: Like grant of probate, this requires a statement of truth from the administrator as part of the application process.
  • Probate Registry: Where executors and administrators historically attended in person to swear the oath; now applications can be completed online or by post.

Need Help with Your Will?

Understanding the probate process, including the statement of truth requirement, helps you make informed decisions about appointing executors who will confidently handle these legal procedures after your death.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.