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Understanding Form CAP A5C: What It’s For and When You Need It

Form CAP A5C is used when applying for a further grant of probate or administration—often in situations where the original executor or administrator has died, or when there are unadministered assets left in an estate. Common scenarios include:

• Applying for “double probate” (where a proving executor has died)

• Applying for a “grant de bonis non” (when the original administrator has died)

• Dealing with assets that were not included in the first grant

If you’re handling an estate where the previous personal representative has passed away, or there are assets that weren’t dealt with in the first round of probate, this is the form you’ll need.

Common Misconceptions and Mistakes

1. Thinking the Form is Only for Solicitors
   While the form is often completed by professionals, you don’t need a solicitor to fill it in. If you’re the new executor or administrator, you can complete it yourself.

   
   

2. Confusing CAP A5C with Other Probate Forms
   Some people mix up CAP A5C with IHT205 or IHT400. CAP A5C is specifically for reporting unadministered property when a further grant is needed.
   
   
   

3. Believing You Must Swear/Affirm the Application
   The swearing/affirming section only applies if the deceased died before 13 March 1975. For deaths after this date, you can leave this section blank.

   
   

4. Not Listing All Unadministered Assets
   It’s important to include every asset that hasn’t been dealt with, even if it’s just a house or a small bank account.

   
   

5. Leaving Out Your Own Details
   If you’re not using a solicitor, put your own name and address in the “Solicitor Information” section.

How to Complete Form CAP A5C: Step-by-Step

1. Solicitor Information:
   If you don’t have a solicitor, enter your own name, address, and contact details.
   
   
   

2. Registry:
   Write “Principal” or “District” and the name of the registry you’re applying to.

   
   

3. Deceased’s Details:
   Fill in the name, address, date of death, country of domicile, and occupation/personal description.
   
   
   

4. Applicant’s Declaration:
   Enter your name and address. If you’re the only applicant, just fill in your own details.
   
   
   

5. Unadministered Property:
   On the next page, describe the property (e.g., “House at 1 Example Road, London, NW1 1AA”) and its value.
   
   
   

6. Swearing/Affirming:
   Only complete if the death was before 13 March 1975. Otherwise, leave blank.

   
   

7. Sign and Date:
   Sign the declaration to confirm the information is correct.
   
   
   

8. Send to Probate Registry:
   Submit the form with your application for the further grant.

Disclaimer: This article is for general information only and does not constitute legal, financial, or tax advice. You should consider your own circumstances and seek professional support if you need specific guidance. While every effort has been made to ensure the information is up to date, requirements and procedures may change.

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For related issues, see Form D81: Watch-outs When Finalising a Consent Order.