Chapter 7: Grants of Representation

Question 1

What is a grant of representation?

Answer 1

A court document authorising the deceased’s personal representatives to deal with the deceased’s estate and transfer assets to the beneficiaries

Question 2

Which Court will deal with non contentious estates?

Answer 2

The Family Division of the High Court

Question 3

Which Court will deal with contentious estates?

Answer 3

• Chancery Division of the High Court (estates above £350,000)
• County Court (estates below £350,000)

Question 4

What do the non contentious probate rules allow a PR to do if they produce a death certificate?

Answer 4

Obtain up to £5,000 for amounts held in bank accounts and Premium Savings Bonds

This is at the institutions discretion and they cannot be forced

Question 5

Do PRs need to prove that they are entitled to sell chattels such as furniture, jewellery, clothing and cars?

Answer 5

All that is required is the production of a death certificate

Question 6

Who can make an application for a grant of representation?

Answer 6

• Personal Representatives
• Probate practioner

Question 7

If PRs instruct a solicitor, will they or the deceased be the client?

Answer 7

The personal representatives become the solicitor’s clients

Question 8

What is a grant of probate?

Answer 8

• Obtained when the deceased leaves a valid will
• Executor expressly appointed by valid will

Question 9

If a firm of solicitors is apppointed as executor in a will, who will be entitled to act in a grant of probate?

Answer 9

The partners at the date of the will

Question 10

How many executors are required in a grant of probate?

Answer 10

Minimum of one, but a maximum of four

Question 11

Does a grant of probate give executors legal authority to deal with the deceased’s estate?

Answer 11

No, the will gives legal authority and the grant of probate merely confirms the authority

Question 12

If a person has a valid will, when will the testator’s property vest in the executors?

Answer 12

On death

Question 13

When will an application for letters of administration with will annexed be made?

Answer 13

When there is a valid will, but there is a problem with the appointment of an executor

Question 14

What is the order of entitlement for a person who may apply to be executor in an application for letters of administration with will annexed

Answer 14

1. Trustee of the residual estate
2. Any other residuary beneficiary
3. PRs of any residuary beneficiary
4. Any other beneficiary or creditor of the estate
5. PRs of any other beneficiary or creditor of the estate

Question 15

If there is more than one person of equal rank, one has a vested interest and the other has a contingent interest - which person will the Court prefer an application from?

Answer 15

The Court will prefer an application from the beneficiary with a vested interest

Question 16

In what situation will a beneficiary not be entitled to apply for a grant of letters of administration with the will annexed?

Answer 16

If the gift fails due to the beneficiary or their spouse witnessing the will.

However, they can still apply in a different capacity, e.g. as a person entitled on partial intestacy.

Question 17

Anyone entitled to apply for a grant can renounce. True or false?

Answer 17

• True
• The right to renounce is not lost by intermedling in estate (contrast to executors)

Question 18

What is ‘clearing off’?

Answer 18

Confirming in application that persons with a higher rights of audience have renounced

Question 19

Do people in the same category as the applicant need to be cleared off?

Answer 19

No, any person within the same class can apply without giving notice to others in the same class

Question 20

If a minor is a beneficiary, how many adminisrators must be appointed?

Answer 20

At least two

Question 21

When are letters of administration required?

Answer 21

When the deceased died intestate or there is a will and all gifts have failed

Question 22

What do letters of administration allow personal representatives to do?

Answer 22

Administer the estate in accordance with the intestacy rules

Question 23

In an application for letters of administration, when will the deceased’s property vest in the administrator?

Answer 23

On the date that the grant is issued

Question 24

What is the order of entitlement for letters of administration?

Answer 24

1. Deceased’s spouse
2. Children
3. Parents
4. Siblings
5. Grandparents

Question 25

What entitlement do PRs have in the the order of entitlement for letters of administration?

Answer 25

PRs have the same right to a grant of letters as the person in the list

Question 26

What is a grant de bonis non?

Answer 26

Required where the personal representative or executor of an estate dies without having completed the administration of the estate and without having left a will themselves, i.e. where the chain of representation does not apply

Question 27

Will a grant de bonis non be required if the PR has died but left a PR of their own?

Answer 27

No, this is a chain representation and a grant de bonis non will not be required

Question 28

Can a minor take a grant?

Answer 28

No, but if the minor is one of several PRs, a grant will be made to the adults and the power will be reserved for the minor

Question 29

What happens if a minor is the only PR?

Answer 29

A grant will be made to the minor’s parents to serve until the minor turns 18