Apply for an infected blood interim compensation payment as an estate

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Applying for probate or confirmation

You must have probate or confirmation to claim compensation, even if you would not normally need it.

If you’re not sure if probate has already been granted you can:

You cannot claim back the cost of searching probate or confirmation records.

If probate has not already been granted, you can usually apply for it if you’re:

  • named as an executor in the will of the person who’s died
  • the person’s closest living relative if there is no will

How you apply for probate depends on whether the person was living in England, Wales, Northern Ireland or Scotland when they died.

Find a legal adviser if you need help applying for probate.

Applying for probate in England, Wales or Northern Ireland

You can:

There are extra steps you need to take if:

  • the person died between 1 January 1982 and 31 December 2021 and they had a nil value estate
  • the person died on or before 31 December 1981
  • you’ve applied in England or Wales

If the person died between 1 January 1982 and 31 December 2021 with a nil value estate

If you do not need to send full details of the estate, you’ll need to complete form IHT205.

You must write ‘Infected Blood Interim Estates Payment’ in the box in section 13 of the IHT205 form. You do not need to follow the instruction to complete form IHT400 instead.

If the person died on or before 31 December 1981

You must complete and sign a declaration and send it with your probate application.

If you’ve applied in England or Wales

Email the Probate Service after applying with the:

  • case reference number for your probate application
  • full name of the person who died
  • date of death

Probate Service
[email protected]

You do not need to email if you’ve applied for probate in Northern Ireland.

Applying for confirmation in Scotland

Apply for confirmation in Scotland.

You must send a covering letter stating you are applying for confirmation to claim an infected blood interim compensation payment as an estate when returning your form.

There are also extra steps you need to take:

  • when declaring compensation in the estate inventory
  • if the estate has a nil value

Declaring compensation in the estate inventory

You must add this wording to the inventory section of form C1:

‘Compensation payment due Infected Blood Interim Estates Payment – Nil’.

If the estate has a nil value

You cannot get confirmation if the estate has a nil value. If the compensation payment is the only item in the inventory, you must add another item with a nominal value. For example, you can add ‘Cash in hand - £5.’

This will prevent your application from being rejected.

If all of the executors of the estate have died

If the executor of an estate eligible for compensation dies, their executor can apply for the compensation on behalf of the estate. This is known as a ‘chain of representation’.

Example

Abigail dies after receiving infected blood. Ben is named as an executor on her estate and gets a grant of probate, but dies before applying for compensation. Chris is then named as executor on Ben’s estate. Chris can apply for compensation on behalf of Abigail as Ben’s executor.

England and Wales

If all the executors have died, you’ll need to show the certified grants of probate for everyone who has been executor for the estate.

You’ll also need to submit a letter with your application with details of previous executors in the following format:

[Name and date of death for each executor]

I confirm that the dates of death provided are true to the best of my knowledge.

[Your signature]

[Date]

Scotland

If all of the executors have died or are unable to act you will need to show you have confirmation for the estate of the person who received infected blood. For example you could show a ‘confirmation ad omissa’ or a ‘confirmation ad non executa’. 

Northern Ireland

If all the executors have died you’ll need a solicitor to provide written confirmation that you have a chain of representation. This must be signed and dated by the solicitor and must include their roll number.

You will also need to provide the certified grants of probate for everyone who has been executor for the estate.

View a printable version of the whole guide

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