Grant of Representation

Question 1

What is a Grant of Representation?

Answer 1

It is a legal document that confirms a person’s right to administer the estate of a deceased person.

Question 2

Under what circumstances can a PR obtain payments up to £5,000 from certain institutions without a grant of representation?

Answer 2

A PR may be able to obtain such payments from National Savings Bank accounts, National Savings Certificates, Premium Savings Bonds, or building societies merely by producing a death certificate. Payments are at the institution’s discretion.

Question 3

What types of property can be sold by a PR with just a death certificate?

Answer 3

Chattels such as furniture, jewellery, clothing, and cars can normally be sold by a PR merely by producing a death certificate.

Question 4

What is a Grant of Probate and when is it used?

Answer 4

A Grant of Probate is used when the deceased left a valid will appointing an executor who is willing to act as PR. Only one executor is necessary, but up to four may be appointed. The grant confirms the power given by the will.

Question 5

How many executors can be appointed?

Answer 5

Up to four executors can be appointed, although only one is necessary.

Question 6

How does the Grant of Probate affect the title to the deceased’s property?

Answer 6

Title to all of the testator’s property includible in their estate vests in the executor, who can deal with the property as provided in the will, usually by showing the written grant.

Question 7

What are Letters of Administration with Will Annexed?

Answer 7

These are granted if the deceased had a will but there is a problem with the appointment of an executor. A person interested in being the PR will apply for these letters.

Question 8

What is the order of preference for applying for Letters of Administration with Will Annexed?

Answer 8

1. Trustee of the residuary estate (if any)

Question 9

What is the order of preference for applying for Letters of Administration with Will Annexed?

Answer 9

2. Any other residuary beneficiary

Question 10

What is the order of preference for applying for Letters of Administration with Will Annexed?

Answer 10

3. PRs of any residuary beneficiary

Question 11

What is the order of preference for applying for Letters of Administration with Will Annexed?

Answer 11

4. Any other beneficiary or creditor

Question 12

What is the order of preference for applying for Letters of Administration with Will Annexed?

Answer 12

5. PRs of the latter

Question 13

What must an applicant confirm when applying for Letters of Administration with Will Annexed?

Answer 13

They must confirm that anyone with a higher entitlement to a grant has renounced.

Question 14

What happens if a minor child is a beneficiary in an application for Letters of Administration with Will Annexed?

Answer 14

At least two administrators must be appointed.

Question 15

What are Letters of Administration and when are they used?

Answer 15

They are used when the deceased left no will. They give the administrator authority to act for the estate from the date of the grant.

Question 16

What is the order of preference for applying for Letters of Administration?

Answer 16

1. Surviving spouse

Question 17

What is the order of preference for applying for Letters of Administration?

Answer 17

2. Children

Question 18

What is the order of preference for applying for Letters of Administration?

Answer 18

3. Parents

Question 19

What is the order of preference for applying for Letters of Administration?

Answer 19

4. Brothers and sisters

Question 20

What is the order of preference for applying for Letters of Administration?

Answer 20

5. Grandparents

Question 21

What if a minor child is a beneficiary in an application for Letters of Administration?

Answer 21

At least two administrators must be appointed.

Question 22

What happens if the sole or last surviving PR dies?

Answer 22

A grant de bonis non (a second grant of letters) will be made using the same preferential lists as previously discussed.

Question 23

Can minors take a grant of representation?

Answer 23

No, minors cannot take a grant. If a minor is one of several PRs, the grant will be made to the adults with power reserved for the minor. If the minor is the only PR, the grant will be made to the minor’s parents until the minor turns 18.