Administration: grants of representation

Question 1

What is a grant of representation?

Answer 1

The grant of representation is a Court order confirming the authority of those named in it to administer the estate.

Question 2

What are the three main types of grant?

Answer 2

1. Grant of probate
2. Grant of letters of administration (with will)
3. Grant of letters of administration

Question 3

When is a grant of probate required?

Answer 3

The grant of probate is required for estates where:

-The deceased left a valid will

-The will appoints executors

-At least one of the executors appointed is going to act

Question 4

When is a grant of letters of administration (with will) required?

Answer 4

This is the appropriate grant where:

-The deceased left a valid will

-But the will appoints no executors who are willing/able to act

This is the correct grant even if the will fails to dispose of all the estate.

Question 5

When is a grant of letters of administration required?

Answer 5

This is the appropriate grant where:

-The deceased died intestate (without having made a valid will)

This may be because they did not make a will at all, had revoked a will they did make, or the will is invalid.

Question 6

What type of assets come under the AEA (Small Payments) Act 1965?

Answer 6

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.

There is a restricted category of assets to which the Act applies below:

-National Savings

-Friendly Society and Industrial and Provident Society 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

There is an upper financial limit of £5,000 per asset. If the value of the asset is greater, a grant is required to establish title to the whole sum.

Question 7

Does a PR need a grant to dispose of personal possessions and cash?

Answer 7

Title to personal household possession passes by delivery and proof of ownership is not required when they are sold.

Therefore, PRs are normally able to dispose of chattels without having to produce formal proof of their authority.

Question 8

What items pass outside the succession estate?

Answer 8

-Property owned as joint tenants

-Life policies written in trust

-Discretionary pension lump sums

-Statutory nominations

-DMCs

-Assets held in a trust in which the deceased had an interest