PA14 Form UK: Medical Certificate for Probate

At a glance

• What it is: Form PA14 is a medical certificate used in England and Wales probate cases to confirm that a person entitled to apply for a grant lacks capacity to manage the affairs of the estate.
• Who can complete it: GOV.UK lists eight eligible professionals — not only GPs. See the "Who can complete Form PA14" section below.
• Legal test applied: the Mental Capacity Act 2005 definition of lacking capacity (sections 1 to 3) — a functional, decision-specific test, not a general label.
• Legal basis for the grant: rule 35 of the Non-Contentious Probate Rules 1987, headed "Grants in case of lack of mental capacity".
• Priority order once PA14 confirms incapacity: (1) a person authorised by the Court of Protection, then (2) the incapable person's attorney under a registered enduring power of attorney or lasting power of attorney, then (3) the person entitled to the residuary estate.
• Notice requirement: unless the applicant is already authorised by the Court of Protection, notice of the intended application must be given to the Court of Protection (rule 35(5)).
• Not a substitute for: a separate Mental Capacity Act 2005 assessment made for a different purpose, or a Court of Protection order about the incapable person's own welfare or finances generally.

What Form PA14 is

PA14 is a short medical certificate used where a person who would otherwise be an executor or administrator cannot act because they lack the mental capacity to manage the affairs of the estate. Rather than the probate registry making assumptions, it asks for a written view from someone qualified to assess capacity.

The certificate is published by HM Courts & Tribunals Service and is submitted alongside the main probate application. It supports a grant made under rule 35 of the Non-Contentious Probate Rules 1987, which allows administration to be granted "for the use and benefit" of the incapable person to someone else, in a specific order of priority — rather than to the incapable person directly.

Because the certificate is answering a narrow, practical question — can this person manage the administration of this estate — it does not carry a general finding about the person's capacity for other purposes.

The legal test: lacking capacity under the Mental Capacity Act 2005

Rule 35, as it currently stands, was updated in 2007 to align its language with the Mental Capacity Act 2005. The rule now refers to a person who "lacks capacity within the meaning of the Mental Capacity Act 2005" rather than the earlier, looser language of "mental incapacity". This matters, because the Act sets out a specific test, not a general impression:

• The principles (section 1): a person must be assumed to have capacity unless it is established that they lack it; a person is not to be treated as unable to make a decision unless all practicable steps to help them do so have failed; and a person is not to be treated as unable to decide merely because they make an unwise decision.
• The definition (section 2): a person lacks capacity in relation to a matter if, at the material time, they are unable to make a decision for themselves because of an impairment of, or disturbance in the functioning of, the mind or brain — whether permanent or temporary. Age, appearance, or a condition that might lead others to make unjustified assumptions cannot, on their own, establish a lack of capacity.
• The functional test (section 3): a person is unable to make a decision if they cannot understand the information relevant to it, cannot retain that information, cannot use or weigh it as part of the decision, or cannot communicate their decision by any means.

When a professional completes PA14, they are applying this test to one particular decision: whether the person can manage the affairs of this estate. A person can lack capacity for that specific purpose while retaining capacity for other decisions, and vice versa — capacity is decision-specific, not a single global status.

Who can complete Form PA14

Only certain professionals are eligible to complete PA14. GOV.UK's published guidance lists:

• a registered medical practitioner (for example the person's GP)
• a registered psychiatrist
• a registered approved mental health professional
• a registered social worker
• a registered psychologist
• a state registered nurse
• a state registered mental nurse
• a registered occupational therapist

A family member cannot sign the certificate in that capacity, however involved they are in arranging it or in the wider probate application. The person signing must be one of the professionals listed above and must be in a position to give a genuine, individual professional view — the registry expects a considered answer, not a standard form of words copied from elsewhere.

Who can then apply for the grant: the priority order under rule 35

This is the part of the process most often misunderstood. PA14 does not, by itself, decide who takes over. Once the registrar is satisfied that a person entitled to a grant lacks capacity, rule 35(2) sets a strict order of priority for who may then be granted administration "for the use and benefit" of that person:

1. The person authorised by the Court of Protection to apply for a grant.
2. Where there is no person so authorised, the incapable person's lawful attorney acting under a registered enduring power of attorney or a registered lasting power of attorney.
3. Where there is no such attorney entitled to act, or the attorney renounces, the person entitled to the residuary estate of the person who has died.

All persons entitled in the same degree as the incapable person must normally be "cleared off" — meaning accounted for, by renunciation or otherwise — before a grant is made (rule 35(1)), unless a district judge or registrar directs otherwise. GOV.UK's own guidance on applying for probate reflects the same priority in plainer terms: check first for a court-appointed deputy, then someone holding power of attorney for the person, then a beneficiary of the will if there is no deputy or attorney.

Unless the applicant is the person already authorised by the Court of Protection, rule 35(5) also requires that notice of the intended application be given to the Court of Protection before the grant is made.

How PA14 fits into the wider probate application

PA14 is not submitted on its own. It accompanies the substantive application for the grant — typically an application for letters of administration, since the grant is made "for the use and benefit" of the incapable person rather than directly to them. The applicant identified through the rule 35 priority order completes the relevant probate application form, encloses the completed PA14, and sends both to the registry together with the other standard papers (such as the death certificate and, where there is a will, the original document).

GOV.UK's guidance on applying for probate confirms the practical route: check whether the will names a substitute executor first; if not, and there is no other executor able to apply, the executor's court appointed deputy can apply, then someone holding power of attorney for the executor if there is no deputy, then a beneficiary of the will if there is neither.

Where the difficulty is that the intended applicant simply does not wish to act, rather than lacking capacity, a different route applies — renunciation, or an attorney appointed to apply on the person's behalf under a document such as Form PA11. PA14 and rule 35 are specific to genuine incapacity, established by a professional applying the Mental Capacity Act 2005 test.

Worked example

Grace's father, Edward, was named sole executor in her late grandmother's will, but Edward has advanced dementia and can no longer manage his own affairs, let alone the estate. Grace's brother Tom holds a registered lasting power of attorney for Edward's property and financial affairs, but no deputy has been appointed by the Court of Protection.

Grace arranges for Edward's GP to complete Form PA14, confirming that Edward lacks capacity, within the meaning of the Mental Capacity Act 2005, to manage the affairs of the estate. Because there is no person authorised by the Court of Protection, rule 35(2)(b) places Tom — as Edward's registered attorney — ahead of the beneficiaries in the priority order. Tom applies for letters of administration for Edward's use and benefit, enclosing the completed PA14, and gives notice of the intended application to the Court of Protection as rule 35(5) requires.

This is a fictional example to illustrate how the priority order works in practice; the correct applicant in any real case depends on the specific facts and should be checked against the current rule and GOV.UK guidance.

What to do — step by step

1. Work out whether PA14 is the right form. It applies where a person entitled to a grant lacks capacity, within the meaning of the Mental Capacity Act 2005, to manage the estate's affairs. If the difficulty is something else — the person is abroad, wishes to renounce, or is a minor — a different form or route applies. Check current guidance on GOV.UK before starting.
2. Identify an eligible professional. The certificate must be completed by one of the professionals GOV.UK lists as eligible — it does not have to be a GP. Approach them early, explain why the certificate is needed, and give them time to consider it properly.
3. Work out who has priority to apply. Check, in order, whether there is a person authorised by the Court of Protection, then an attorney under a registered enduring power of attorney or lasting power of attorney, then the person entitled to the residuary estate. This determines who submits the application alongside PA14.
4. Gather the supporting details. Before the form is completed you will need the full name and address of the person lacking capacity, details of who is applying for the grant instead, and information about the estate.
5. Have the certificate completed and signed. The professional should answer honestly and in their own words. A fee may be charged by the practice or professional for completing the form — this is separate from any court fee, and current court fees should always be checked on GOV.UK.
6. Give notice to the Court of Protection where required. Unless the applicant is already authorised by the Court of Protection, notice of the intended application must be given to the Court of Protection before the grant is made.
7. Submit PA14 with the probate application. Send the completed certificate with the main application papers and keep a copy for your records. If the registry has follow-up questions, it will usually write to the applicant rather than contacting the professional directly.

This guide provides general information about Form PA14 and rule 35 of the Non-Contentious Probate Rules 1987. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at August 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.