Administration - Grants of representation Flashcards
What does the Grant of Probate confirm?
Identity and date of death of the deceased
Deceased left a valid will
Identity of the executors appointed
Value of the estate to which the grant applies
When is a grant of probate applicable?
When the deceased left a valid will;
The will appoints executors; and
At least one of the executors appointed is going to act.
What names is the grant of probate issued in?
The names of the executors who apply for the grant.
When is a Grant of letters of administration (with will) necessary?
The deceased left a valid will but the will appoints no executors who are willing/able to act.
Administrators are appointed under Non-Contentious Probate Rules 1987.
When will grants of letters of administration be applicable?
The deceased died intestate.
Administrators are appointed under NCPR 22.
What assets can be released without a grant?
Assets under Administration of Estates (Small Payments) Act 1965
Personal possessions and cash
Property that does not devolve on PRs
What is the Administration of Estates (Small Payments) Act 1965?
Orders made under this Act permit payments to be made to persons who appear to be beneficially entitled to the assets without formal proof of title.
What is the financial limit under Administration of Estates (Small Payments) Act 1965?
There is an upper limit of £5,000.
In reality, each institution will have its own evidential requirements before closing an account and will require sight of the death certificate and will.
What is the restricted category of assets that the Administration of Estates (Small Payments) Act 1965 applies to?
National savings (bank accounts, premium bonds and Savings Certificates)
Friendly Society and Industrial and Provident deposit accounts.
Arrears of salary and wages
Pensions where the deceased was a member of the police, fire authority, air force or army
Building society accounts
Why can personal possessions and cash pass without a grant?
Title to personal household possessions passes by delivery and proof of ownership is not required when they are sold (with the exception of cars where registrations documents are needed).
Applies where items were owned solely by the deceased. If there was a joint owner they would need to consent before the PRs could effect a sale.
A PR does not need a grant to take possession of cash found at the deceased’s home.
What is property that does not devolve on PRs?
Assets which pass outside of the succession estate do not devolve on the PRs and do not require a grant to be released. For these assets you need to produce:
Death certificate
Any other documentation the asset holder requires
Such property includes: property owned as joint tenants, life policies written in trust, discretionary pension lump sums nominated for a third party, DMC’s and assets held in a trust in which the deceased had an interest.
