Applying for a grant of representation Flashcards
What must applicants provide to the Probate Registry regarding the deceased’s estate?
Sufficient information to satisfy the Probate Registry that the correct grant has been requested
What are the two methods of application to the Probate Registry?
- Completing and posting a paper application form
- Submitting an online application via HMCTs service
Applicants must answer relevant questions in the online application.
What are the time limits for obtaining a grant of representation?
Probae registry will not issue:
- a grant of probate or grant of administration with will less than 7 days after death
- grant of administration less than 14 days after death
What are the three categories of professional applications?
- Mandatory online application - most grants of probate
- Online application possible but not mandatory - simple applications under NCPR 20 and 22
- Mandatory paper application
What is an example of a mandatory paper application?
- Second grant of probate
- Grants to a PR where chain of representation applies
- Grants where the original will is missing
- Grants to attorneys
- Grant under NCPR 20 if life interest arises
What is Form PA1A used for?
When the deceased did not leave a will and NCPR 22 applies
What is Form PA1P used for?
When the deceased did leave a will, whether or not executors are appointed
What must all applicants confirm regarding the deceased?
- Identity of deceased and applicants
- Full name, Date of Birth, and Date of Death of the deceased
- Any assets owned in a different name
What must all applicants confirm regarding their entitlement?
- The type of grant is the right one
- How they are entitled
What must an executor provide to show entitlement?
- Original testamentary documents
- Evidence if not applying (renounced, pre-deceased, or reserved)
How must applicants under NCPR 20 prove their entitlement?
- State which category of applicant they fall within (with reference to a will)
- Clear off anyone with a better right to apply
- Whether any beneficiary is a minor or if life interest arises - 2 administrators would then be needed
How do applicants under NCPR 22 confirm their entitlement?
- Familial relationship to the deceased, therefore category of applicant
- Confirm they are entitled to the whole or part of the estate
- Clear off others
- Whether any beneficiary is a minor
What information must be provided about the estate in an applciation for grant of representation?
Information about the value of the estate and IHT status must be provided.
- was an IHT400 form completed, confirm this was sent to HMRC and IHT paid
What confirmation does HMRC provide to show that IHT has been paid?
HMRC will provide confirmation via IHT 421.
When is an estate considered an excepted estate?
- the gross value is less than £325,000
- less than £1,000,000 with no tax payable due to property passing to a spouse or charit
- less than £750,000 with a claim to transfer all of an unused NRB.
What form must be filled out for IHT if it is an excepted estate?
Do not fill out form IHT 400 - fill out IHT 205
What is settled land?
Settled land refers to a specific interest in land under a trust governed by the Settled Land Act 1925. Any interest in settled land must be stated when applying for grant.
What must applicants finally confirm on the probate form?
Applicants must confirm they will comply with the obligation to collect in and duly administer the estate and that the contents of the form are true.
What is a caveat?
A caveat is entered by anyone who has suspicions about the will.
What happens if a caveat is entered?
Executors will usually respond with a warning which obliges the caveator to act within eight days.
What can a caveator do within eight days?
A caveator can enter an appearance or ask for a summons for directions.
What are limited grants?
Three scenarios:
- where there are difficulties with the proposed PR and no others are availalbe
- where the deceased’s property is going to waste or being lost and immediate steps need to be taken
- when some or all of the parties interest in the will are fighting about it at court.
What additional items should be provided when applying for grant of representation?
- registry fee and death certificate
- testamentary docs/renunciation
- IHT forms
- Power of attorney
- Affidavits
What is the fee for the Probate Registry?
The fee depends on whether a professional is applying and the value of the estate; there is no fee for estates worth less than £5,000.
Applicants must request a number of sealed copies of the grant for asset holders.
What must be included with the application in relation to testamentary docs/renunciation?
The original will must be submitted, and a renunciation form must be included for any executors who do not wish to act.
What is required for Power of Attorney?
Power of Attorney (Form PA11) must be completed with the donor and submitted.
When may affidavits be required?
Affidavits may be required if there is something about the document that renders the application uncertain.
