Grant of Representation Flashcards
ο»ΏWhat is a Grant of Representation?
It is a legal document that confirms a personβs right to administer the estate of a deceased person.
Under what circumstances can a PR obtain payments up to Β£5,000 from certain institutions without a grant of representation?
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 institutionβs discretion.
What types of property can be sold by a PR with just a death certificate?
Chattels such as furniture, jewellery, clothing, and cars can normally be sold by a PR merely by producing a death certificate.
What is a Grant of Probate and when is it used?
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.
How many executors can be appointed?
Up to four executors can be appointed, although only one is necessary.
How does the Grant of Probate affect the title to the deceasedβs property?
Title to all of the testatorβs 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.
What are Letters of Administration with Will Annexed?
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.
What is the order of preference for applying for Letters of Administration with Will Annexed?
- Trustee of the residuary estate (if any)
What is the order of preference for applying for Letters of Administration with Will Annexed?
- Any other residuary beneficiary
What is the order of preference for applying for Letters of Administration with Will Annexed?
- PRs of any residuary beneficiary
What is the order of preference for applying for Letters of Administration with Will Annexed?
- Any other beneficiary or creditor
What is the order of preference for applying for Letters of Administration with Will Annexed?
- PRs of the latter
What must an applicant confirm when applying for Letters of Administration with Will Annexed?
They must confirm that anyone with a higher entitlement to a grant has renounced.
What happens if a minor child is a beneficiary in an application for Letters of Administration with Will Annexed?
At least two administrators must be appointed.
What are Letters of Administration and when are they used?
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.
What is the order of preference for applying for Letters of Administration?
- Surviving spouse
What is the order of preference for applying for Letters of Administration?
- Children
What is the order of preference for applying for Letters of Administration?
- Parents
What is the order of preference for applying for Letters of Administration?
- Brothers and sisters
What is the order of preference for applying for Letters of Administration?
- Grandparents
What if a minor child is a beneficiary in an application for Letters of Administration?
At least two administrators must be appointed.
What happens if the sole or last surviving PR dies?
A grant de bonis non (a second grant of letters) will be made using the same preferential lists as previously discussed.
Can minors take a grant of representation?
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 minorβs parents until the minor turns 18.
