Under LP(MP) 1994, S18 provides a procedure enabling service to take place on the party who knows about the death but no grant has been issued. What is the correct interpretation?

Under LP(MP) 1994, S18 provides a procedure enabling service to take place on the party who knows about the death but no grant has been issued. What is the correct interpretation?

• A. It is allowed
• B. It is prohibited
• C. It requires a court order
• D. It is void

Answer: (A)

Section 18 of the Law of Property (Miscellaneous Provisions) Act 1994 allows probate documents to be served on a person who is known to have knowledge of the death even when no grant of representation has been issued yet. This means it is permissible to serve on that individual to give them notice and to progress the probate process without waiting for a grant to be issued to an executor or administrator. The provision is designed to ensure timely notice and to avoid delays where someone with knowledge of the death can be served before the grant is obtained. In practice, this gives a valid route to initiate or advance proceedings, as long as the service complies with the required formalities.

Section 18 of the Law of Property (Miscellaneous Provisions) Act 1994 allows probate documents to be served on a person who is known to have knowledge of the death even when no grant of representation has been issued yet. This means it is permissible to serve on that individual to give them notice and to progress the probate process without waiting for a grant to be issued to an executor or administrator. The provision is designed to ensure timely notice and to avoid delays where someone with knowledge of the death can be served before the grant is obtained. In practice, this gives a valid route to initiate or advance proceedings, as long as the service complies with the required formalities.