Administration: Grants of representation Flashcards
REMINDER BECAUSE I ALWAYS FORGET IT
If a trust arises under a will, 2 trustees are needed. If minor has vested interest can give to parents as they can give valid receipt (among other options)
What is a grant of representation?
Court order confirming authority of those named in it to administer the estate
What are the 3 types of grant?
- Grant of probate
- Grant of letters of administration (with will)
- Grant of letters of administration
What does the grant confirm?
- Identity and date of death of deceased
- Deceased left valid will
- Identity of executors appointed
- Value of estate to which grant applies (succession estate)
Official signature + stamp +holographic seal added
When will a grant not be needed?
If estate contains only assets not requiring a grant
From when does the succession estate legally vest in the hands of the executor and administrator?
- Executor = from death
- Administrator = when appointment confirmed by grant
Authority only extends to succession estate!
How will PRs provide evidence of their appointment when complying with duties to administer estate?
Grant of representation (provides proof of PR’s authority to act)
When is a grant of probate appropriate?
- Deceased left valid will
- Will appoints executors and at least one is going to act
Issued in names of those executors who apply
If will only disposes of some of deceased’s property (i.e. partially intestate), is a grant of probate still required?
E.g. whole/part of estate left to pre-deceased family member by will and no substitution provisions apply
Yes
What does it mean if the appointment of an executor under will is limited? How is this reflected?
- Means authority only extends to specific assets, jurisdiction or time
- Will be reflected in authority conferred by grant
Can someone named in a will give the right to take out a grant to someone else?
No - but can formally appoint someone to act on their behalf under power of attorney
When is a grant of letter of administration (with will) appropriate?
- Deceased left valid will
- Appoints no executors who are willing/able to act
Rule 20 applies - entitled to apply for grant in order of priority
Same as grant of probate re correct grant even if it does not dispose of all estate (i.e. partially intestate)
When must at least 2 administrators be appointed under a grant of letters of administration (with will) or grant of letters of administration?
If there is a life or minor interest
When is a grant of letters of administration appropriate?
Deceased died intestate (no will or invalid will)
Rule 22 applies - entitlement derives from relationship to deceased and right to share of estate under intestacy
For what assets (in succession estate) is no grant required for PRs to deal with?
- Assets that can be distributed under Administration of Estates (Small Payments Act) 1965
- Personal household possessions and cash