Who must file a recognition made by will, with what attached, and within what period measured from what event?
General information · Not legal advice
Material to check
In a practice file we would read the will itself or the written form filed with the report, to see whether recognition is stated in it, and the papers showing the date the will executor took up that role, since the period runs from that date.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its words: the will executor must, within the period the provision sets from the date of taking up office, file the recognition report by the reporting route the provision refers to, attaching a copy of the will concerning recognition or a written form stating the will recording.
Another reading stresses the difference in how the two kinds of evidence travel with the report: where the will is a written will, a copy of it is attached to the report, but where the will is a recording, the report attaches a written form stating the recording, so the recording itself is described in the filing rather than lodged with it.
Your judgment
Where a will both concerns recognition and names a will executor, how is the executor's date of taking up office to be shown to the registry?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the actor, the period or the required attachments, or if guidance explains what the written form stating a will recording must contain.