Administration: Requirement for a Grant & Types Flashcards
What is the primary function of a grant of representation?
A. To provide the beneficiaries with legal advice
B. To confirm the PR’s authority to administer the succession estate
C. To transfer joint assets into the estate
D. To avoid probate fees
B. To confirm the PR’s authority to administer the succession estate
Explanation: The grant legally authorises the PRs to collect, manage, and distribute the deceased’s succession estate.
Which grant is used when a deceased left a valid will with executors willing to act?
A. Grant of probate
B. Grant de bonis non
C. Grant of representation
D. Grant of letters of administration
A. Grant of probate
Explanation: Probate applies where a valid will exists and at least one executor is willing and able to act.
When is a grant of letters of administration (with will) used?
A. When there is a valid will but no executor is acting
B. When there is no valid will
C. When the PRs are not UK residents
D. When the estate is held in trust
A. When there is a valid will but no executor is acting
Explanation: This grant applies when a will exists but no executors are available or willing to act.
Alan dies intestate. His estate includes land and a bank account. What grant is needed?
A. Grant of probate
B. Grant of letters of administration
C. Grant of representation with will
D. No grant is required
B. Grant of letters of administration
Explanation: Where there is no valid will, the correct grant is letters of administration under Rule 22 NCPR.
Jane dies leaving a valid will but names no executors. What is the correct grant?
A. Grant of probate
B. Grant of letters of administration (with will)
C. Grant of letters of administration
D. Grant of temporary representation
B. Grant of letters of administration (with will)
Explanation: If a valid will exists with no executor willing or able to act, Rule 20 NCPR applies.
Which of the following can act immediately from death without a grant?
A. Executor named in a valid will
B. Administrator appointed under Rule 22 NCPR
C. Solicitor with a copy of the will
D. Beneficiary with a signed letter from the family
A. Executor named in a valid will
Explanation: Executors derive authority from the will and may act from death, although they will usually need a grant in practice.
A deceased’s will is valid but names only one executor who has renounced. What is the appropriate grant?
A. Grant of probate
B. Grant of letters of administration
C. Grant of letters of administration (with will)
D. No grant is possible
C. Grant of letters of administration (with will)
Explanation: If no executor is acting but a will exists, this is the correct grant.
Who has the legal title to the estate before a grant is issued in an intestacy?
A. The named solicitor
B. No one until the administrator is appointed
C. The main beneficiary
D. HMRC
B. No one until the administrator is appointed
Explanation: In intestacy, the estate does not vest in anyone until the administrator is appointed via grant.
Which rule sets out the order of priority for administrators where there is no valid will?
A. Rule 20 NCPR
B. Rule 25 NCPR
C. Rule 30 NCPR
D. Rule 22 NCPR
D. Rule 22 NCPR
Explanation: Rule 22 NCPR governs appointment of administrators in intestacy cases.
In which case is a grant generally not required to access the asset?
A. Property owned solely by the deceased
B. Stocks and shares in sole name
C. High-value bank accounts
D. Life insurance policy with named beneficiary
D. Life insurance policy with named beneficiary
Explanation: Assets with named beneficiaries (like life insurance) usually pass outside the estate and do not require a grant.
A will names three executors. One renounces and one is acting. What grant is issued?
A. Grant of probate to the acting executor
B. Grant of letters of administration
C. Grant of representation with will annexed
D. No grant can be issued
A. Grant of probate to the acting executor
Explanation: Probate is granted to the executors who are willing and able to act.
Which of the following statements is TRUE regarding administrators?
A. They derive authority from the will
B. They can act before a grant is issued
C. They are automatically also trustees
D. They have no legal authority until the grant is issued
D. They have no legal authority until the grant is issued
Explanation: Unlike executors, administrators derive their authority from the grant itself.
