Obtaining a grant of representation

Question 1

What is a grant of representation?

Answer 1

Document confirming a personal representative’s authority to act in dealing with deceased’s estate

Question 2

Grant if will appoints an executor

Answer 2

Grant of probate

Question 3

Grant if will appoints executor but he can’t act

Answer 3

Grant of letters of administration with the will annexed

Question 4

Grant if there’s no valid will

Answer 4

Grant of (simple) letters of administration

Question 5

Forms to use to apply for grant

Answer 5

If there’s a will: PA1P
If there’s no will: PA1A

Question 6

Documents to sent to HMCTS when applying for grant

Answer 6

• will + codicil (if any),
• additional evidence (if needed),
• probate fee

Question 7

If IHT must be paid, before applying for grant…

Answer 7

Pay IHT using form IHT400- then use unique code provided by HMRC to apply for grant to HMCTS

Question 8

Estates exempted from IHT

Answer 8

• small estates (value of estate for IHT purposes below 325,000)
• exempt estates (net chargeable estate after exemptions below 325,000)
• non-domiciled estates

Question 9

Can an executor renounce executorship + how?

Answer 9

Yes, using form PA16:
- signed by resignee + signature witnessed,
- filed with HMCTS
BUT: cannot renounce if already intermeddled in estate!

Question 10

If appointed executor is under 18:

Answer 10

• other executors should apply for probate with power reserved for the minor
• or, someone must take grant on his behalf, and he applies for cessate grant of probate once he turns 18

Question 11

Order of priority for grant of letters of administration with the will annexed

Answer 11

Rule 20 NCPR:
- executor appointed in will,
- trustee of residuary estate,
- beneficiary of residuary estate
- PRs of any residuary beneficiary
- anyone getting a gift under the will or a creditor
- PR of any one getting a gift or a creditor

Question 12

Number of administrators needed

Answer 12

Minimum 2 IF there’s a minor beneficiary, or a life interest
There can always be max. 4

Question 13

When can administrators renounce?

Answer 13

Anytime

Question 14

Order of priority for grant of (simple) letters of administration

Answer 14

Rule 22 NCPR (same as intestacy):
- spouse
- issue
- parent
- siblings of whole blood…

Question 15

Who cannot be an administrator?

Answer 15

Minors (and they cannot reserve their powers like executors)