Grants of representation Flashcards
What is the purpose of a Grant of Representation?
Establishes the authority of the PRs to act and the validity of the deceased’s will or intestacy
It is an order of the High Court
What authority do executors have upon the death of an individual?
Executors’ authority comes from the will - they may act from death but still need a grant of probate for evidence
What do administrators derive their authority from?
The grant of representation
What passes under the will at the moment of death?
Ownership of the legal estate
Why is it vital for executors to obtain a grant of probate?
To have evidence that they can deal with the deceased’s property
What do lots of asset holders require sight of before dealing with the deceased’s property?
Grant of probate
What does a Grant confirm?
- Identity and date of death of deceased
- That the deceased left a valid will
- Identity of executors
- Value of the estate
What is the purpose of a Grant?
Acts as evidence of PRs authority to act, extending to the assets which actually vest in the PRs – i.e. succession estate.
When is a Grant of Probate required?
When the deceased left a valid will, the will appoints executors, and one of the executors is going to act.
Can a Grant of Probate be required even if the will does not dispose of any/all of the deceased’s property?
Yes, it can be required even if the will does not dispose of any/all of the deceased’s property.
Can the appointment of executors be limited through the grant?
Yes, the appointment can be limited through the grant.
Who can take out the grant of probate?
Those named in the will may take out the grant and cannot simply give that right to someone else.
When is a Grant of Letters of Administration (with Will) required?
When the deceased left a will but the will appoints no executors who are willing to act.
Is a Grant of Letters of Administration (with Will) required even if the will fails to dispose of the entire estate?
Yes, it is required even if the will fails to dispose of the entire estate.
What is a Grant of Letters of Administration?
Required where the deceased died without having made a valid will or after having revoked a previous will.
What are the conditions for appointing administrators under a Grant of Letters of Administration?
Administrators are appointed under NCPR Rule 22(1) and may require two administrators if there is either a child interest or a life interest.
What is the order of priority for administrators when applying for a grant of letters of administration?
The first person who is alive and over the age of 18 in the following categories:
- Surviving Spouse or Civil Partner
- Children and the Issue of any Deceased Child who died before the deceased
- Parents
- Siblings of whole blood and the issue of any deceased siblings of whole blood
- Siblings of half blood and the issue of any deceased siblings of half blood
- Grandparents
- Uncles and aunts of whole blood and their issue if pre-deceased
- Uncles and aunts of half blood and their issue if pre-deceased
- Treasury Solicitor if Crown Claims bona vacantia
What additional role do administrators have?
Administrators are also appointed trustees with a power to sell.
Is a grant required for assets outside the succession estate?
No grant is required to deal with assets that fall outside of the succession estate.
What assets can be distributed under the Administration of Estates (Small Payments) Act 1965?
Payment can be made from:
- national savings
- friendly society
- industrial and provident society deposit accounts
- arrears of salary and wages
- pensions for certain deceased members
- building society accounts.
What is the upper limit for assets distributed without a grant under the Administration of Estates (Small Payments) Act 1965?
The upper limit is £5,000 per asset. If the value is greater, a grant is required to establish title.
Will the AE(SP)A always guarantee distribution without a grant?
Each institution will have its own evidential requirements, most commonly requiring a death certificate and will.
What is the common policy of banks regarding asset release?
Most banks and financial institutions will release sums (commonly up to £15,000 but sometimes larger amounts) without sight of the grant.
How do title and proof of ownership work for personal possessions?
Title to household possessions passes by delivery and proof of ownership is not required when they are sold, provided they are solely owned by the deceased.
Do personal representatives (PRs) need formal proof to dispose of personal possessions?
PRs normally can dispose of these without having to produce formal proof.
Can a PR take possession of cash found at the deceased’s home?
Yes, a PR does not need a grant to take possession of cash found at the deceased’s home.
What type of property does not devolve on PRs?
Assets passing outside the succession estate, i.e:
- Property Owned as Joint Tenants
- DMCs
- Life policies written in trust, discretionary pension lump sums nominated for a third party, and other nominated assets.
- Assets held in a trust in which the deceased had an interest
