Probate and Administration - Application for Grant of Representation (2) Flashcards
What are the formalities for an application for a grant of representation?
Application for Grant of Representation: Applying for grant is a similar process for both types of personal representative.
Formalities
Formalities: There are a number of formalities involved.
(1) Court: Court of issue differs. The application itself is made to HMCTS.
Non-Contentious: High Court (Family Division).
Contentious (£350,000): High Court (Chancery Division).
Contentious (<£350,000): County Court.
(2) Grant and Form: Generally made online, but if not:
Executors: Grant of Probate (Form PA1P).
Administrators (Will): Grant of Letters of Administration with Will Annexed (Form PA1P).
Administrators (Intestacy): Grant of (Simple) Letters of Administration (Form PA1A).
(3) Costs: Estates over £5,000 must pay £273 to HMCTS.
Copies: First copy of grant is free (extras £1.50).
(4) Inheritance Tax: Non-instalment IHT must be paid before issue of grant.
Cut-Off: Must be paid within 6 months of the last day of the month of death.
What is the content of an application for a grant of representation?
Contents of Application: Applications must contain certain content, and where relevant, attach valid wills and codicils.
Parties
Parties: Applicants must include details on the applicant and the deceased.
(1) Applicant: Legal name and any alternative names on the will.
Power of Attorney: Whether power of attorney is used, and medical evidence to this effect.
(2) Deceased: Legal and alternative names, address, date of birth and death, marital status on and after will, country of residence, details of any foreign wills.
IHT400/Excepted Estates
IHT400/Excepted Estates: Confirmation of IHT400, the code and estate values provided by HMCTS for submission of IHT400 to apply for grant, or excepted estates values.
(1) Excepted Estates: Must state:
Gross Value (+ST+SETs);
Net Value (Above-Allowable Debts);
Net Qualifying Value (Above-Spousal and Charitable Exemptions);
Gross and Net Probate Value (Values Vesting in PRs).
(2) Settled Land: Information of any settled land vested in deceased (rare).
Statement of Truth
Statement of Truth: Applications must be verified by a statement of truth, confirming estate will be administered according to the law, and acknowledging criminal proceedings and revocation for fraud. Signed and dated (by applicant/solicitor).
Why would a will need to be attached?
Attaching Will: Where appropriate, wills and codicils must be attached to the application, and any issues resolved.
How is the validity of a will or codicil proven?
Proving Validity: If the validity of the will is disputed, the applicant may be required to give evidence of validity. This will be by affidavit (sworn) or witness statement (statement of truth).
(1) Capacity: Affidavit of testator’s doctor.
(2) Knowledge and Approval: Attestation clause, or witness evidence confirming knowledge and approval.
(3) Due Execution: Attestation clause, or witness evidence confirming due execution.
(4) Plight and Condition: Explanatory evidence of alleged interference.
(5) Missing Will: A copy of the original will, and evidence as to accidental loss or destruction.
(6) Remote Witnessing: Amended attestation clause, or witness evidence confirming due execution.
