Administration: Need for a Grant and Types of Grants

Question 1

what is a grant of representation?

Answer 1

grant = court order confirming authority of those named in it to administer the succession estate

authority of PRs to act under the grant only extends to assets which actually vest in PRs (succession estate)

Question 2

when is a grant not required?

Answer 2

no need for grant where an estate comprises only assets that fall outside the succession estate

Question 3

contents of a grant (5)

Answer 3

• Identity and date of death of the deceased
• whether deceased left a valid will / died intestate
• Identity of the executors / administrators appointed
• Value of the estate to which the grant applies (the succession estate)
• An official signature, stamp and holographic seal

Question 4

when does the succession estate vest in PRs?

Answer 4

executors appointed by will = vests from death

administrators appointed via grant = vests from date of grant

Question 5

3 types of grant of representation

Answer 5

1) Grant of probate = deceased left a valid will + will appoints executors + at least 1 executor is going to act

2) Grant of Letters of Administration (with will) = deceased left a valid will + the will appoints no executors who are willing or able to act

3) Grant of Letters of Administration = deceased died intestate (no valid will)

Question 6

Grant of Probate

when is it granted?
is it needed in partial intestacy?

Answer 6

granted where =

• deceased left valid will +
• the will appoints executors +
• at least 1 of them is going to act

executors who apply for the grant are named on the grant

if executor appointment under the will is limited - their authority to act is limited under the grant (limited by assets, time, area)

Question 7

if there is partial intestacy but a will appoints executors who are going to act - what type of grant is needed?

Answer 7

grant of probate

even where the will does not dispose of all of the deceased’s property

Question 8

if a will appoints executors who are going to act, can an executor give this right to someone else?

Answer 8

no

only those named in the will can take out a grant and cannot give this right to someone else

but they can formally appoint someone to act on their behalf under a power of attorney

Question 9

Grant of Letters of Administration (with will)

when is it granted?

Answer 9

granted where =

• deceased left valid will
• but the will appoints no executors / appoints executors who are all unwilling/unable to act

administrators will be appointed under NCPR Rule 20

a minimum of 2 administrators are required if there is a life interest trust or minor interest

Question 10

Grant of Letters of Administration

Answer 10

granted where = deceased died without a valid will - intestate

this could be because they do not make a will at all, revoked their will, or the will they make is invalid

administrators are appointed under NCPR Rule 22

a minimum of 2 administrators are required if there a minor interest