Administration: Applying for the Grant Flashcards
Which grant is appropriate where a valid will exists, and executors are willing and able to act?
A. Grant of Letters of Administration
B. Grant of Letters of Administration (with will)
C. No grant is required
D. Grant of Probate
D. Grant of Probate
Explanation: If there is a valid will and the executors named in it are willing and able to act, a Grant of Probate is issued.
What document must always be provided when applying for a Grant of Probate?
A. A copy of the will
B. A certified statement of bank balances
C. The original will and any codicils
D. A declaration of trust
C. The original will and any codicils
Explanation: The original will (not a copy) and any codicils must be submitted to prove the executor’s authority under the will.
What form is used when applying for a grant in an intestacy case?
A. PA1A
B. PA1P
C. IHT400
D. PA8
A. PA1A
Explanation: Form PA1A is used when applying for a grant of Letters of Administration where the deceased died without a valid will.
Which grant is used where there is a valid will but no executor is able or willing to act?
A. Grant of Probate
B. Grant of Letters of Administration (with will)
C. Grant of Representation (general)
D. Grant of Letters of Administration
B. Grant of Letters of Administration (with will)
Explanation: This grant is issued where a valid will exists, but executors named in it cannot act, and someone else must be appointed.
Sophie left a will appointing her friend Maria as her sole executor. Maria predeceased Sophie. What is the appropriate form and grant for the PRs to apply with?
A. PA1A and Grant of Probate
B. PA1A and Grant of Letters of Administration
C. PA1P and Grant of Probate
D. PA1P and Grant of Letters of Administration (with will)
D. PA1P and Grant of Letters of Administration (with will)
Explanation: There is a valid will, but no executor is alive to act. The correct form is PA1P, and the appropriate grant is Letters of Administration (with will).
Jake died without a will. His wife predeceased him. His son wishes to apply for the grant. What form and grant are appropriate?
A. PA1P and Grant of Probate
B. PA1A and Grant of Letters of Administration
C. PA1P and Grant of Letters of Administration
D. PA1A and Grant of Probate
B. PA1A and Grant of Letters of Administration
Explanation: As there is no valid will (intestacy), the son can apply using form PA1A. The correct grant is Letters of Administration.
A deceased person left a will naming three executors. One of them, Sam, does not wish to act at all. He has not intermeddled. What must Sam do?
A. Renounce his right to apply for the grant
B. Do nothing and ignore the process
C. Apply for Letters of Administration
D. Reserve power and apply later
A. Renounce his right to apply for the grant
Explanation: Since Sam has not intermeddled, he can renounce formally. He will then have no further involvement unless the court later permits.
In an estate valued at £400,000, the executor completes IHT400 and pays inheritance tax. What else is required before submitting the grant application?
A. A certified bank statement
B. The IHT form PA1P
C. A letter from HMRC confirming receipt of IHT400 and payment
D. A declaration of solvency
C. A letter from HMRC confirming receipt of IHT400 and payment
Explanation: Probate Registry needs confirmation from HMRC that IHT has been dealt with before the grant is issued.
Emily died leaving a will naming her son and daughter as executors. Her son renounces, and her daughter takes out the grant. Two months later, the son decides he wants to be involved. What is the correct step?
A. Ask the court to reverse his renunciation
B. Apply for a grant of double probate
C. Reserve power and apply at any time
D. Submit a new PA1P
A. Ask the court to reverse his renunciation
Explanation: Renunciation is final unless the court allows it to be withdrawn. The son would need to apply to court for leave to be reinstated.
An applicant is applying for a grant under NCPR 22. They are the deceased’s sibling. The deceased had no surviving spouse, children, or parents. What must the applicant show?
A. That they are named in the will
B. That they are the next of kin and entitled to the whole estate
C. That they have power reserved
D. That they were financially dependent on the deceased
B. That they are the next of kin and entitled to the whole estate
Explanation: Under NCPR 22, applicants must prove their relationship and beneficial entitlement to the estate when applying under intestacy.
A deceased person held shares in a different name from their legal name. What should the PRs do when completing the probate application?
A. Ignore it, as the death certificate will be enough
B. List both names in the application
C. Wait until they receive the IHT reference
D. File two separate applications
B. List both names in the application
Explanation: All known aliases must be included to ensure the grant can be used to collect all estate assets held in those names.
What is the legal significance of the “legal statement” in a probate application?
A. It proves that the will is valid
B. It confirms the solicitor has reviewed the will
C. It confirms the PRs’ duty to collect in and administer the estate
D. It is only required for intestate estates
C. It confirms the PRs’ duty to collect in and administer the estate
Explanation: The legal statement replaces the old “oath” and confirms that the PRs will fulfil their legal obligations under s.25 Administration of Estates Act 1925.
