The grant of representation Flashcards
what does a grant of representation establish
a) the authority of one or more PRs to collect in assets and distribute the estate and either
b) the validity of the deceaseds will or
c) the fact that the deceased died intestate
what is a grant of representation (what type of court order is it)
high court order
what are the three key types of grant of representation
1) grant of probate
2) grant of letters of administration with the will annexed
3) letters of administration
the term personal representative covers both executors and administrators - true or false
true
can minors become PRs
no but their parents can apply for a grant ‘for their use and benefit on their behalf’
what is grant of probate
the appropriate grant where there’s a valid will that appoints executors, and those executors are willing to act
how many executors can take out a grant of probate
max of 4
a maximum of 4 people can take out a grant of probate but what is the ruling if there’s a life interest in the estate or a minor beneficiary
there must be a minimum of two executors
executors can be appointed expressly or impliedly by the will - true or false
true
grant of letters of administration with the will annexed is the appropriate grant where there’s a valid will but either…
- the will doesn’t appoint executors
- the appointed executor predeceases the testator or
- the appointed executor declines to act (either because the executor actively renounces their entitlement to take out the grant, or because they have been cited to take out the grant and failed to do so)
which rule sets out the order of entitlement to apply for the grant
rule 20 non contentious probate rules 1987
what is the order in rule 20 non contentious probate rules 1987 where there is no executor
1) a trustee of the residuary estate, if none
2) any other residuary beneficiary under the will or anyone entitled to a share of the residue under the intestacy rules, if none
3) the PRs of someone in 2 other than a life tenant of the residue, if none
4) any other beneficiary or creditor, if none
5) the PRs of anyone in 4
what is letters of administration
the appropriate grant where there is no will capable of being admitted to probate
which rule sets out the order of entitlement to apply for the grant of letters of administration
rule 22 non contentious probate rules 1987
what is the order set out in rule 22 non contentious probate rules 1987 to apply for the grant of letters of administration
1) the surviving spouse/civil partner then
2) the children of the deceased, or the issue of any who have predeceased then
3) the deceaseds parents then
4) deceaseds brothers and sisters of the whole blood or the issue of any who have predeceased
5) the deceaseds brothers and sisters of the half blood, or the issue of any who have predeceased then
6) deceaseds grandparents
7) deceaseds uncles and aunts of the whole blood, or the issue of any who have predeceased them
8) deceaseds uncles and aunts of the half blood, or the issue of any who have predeceased them
9) the treasury solicitor (where the crown is claiming bona vacantia)
10) a creditor of the deceased
at least two administrators are required whenever there’s a minority or life interest arising out of the estate - true or false
true
if the entire estate consists of adults with absolute interests, one administrator will not suffice - true or false
false
one administrator will suffice
process for applying for probate or letters of administration - what are the docs required
1) probate application form PA1P
2) letter of administration form PA1A
3) official copy of death certif
4) original will and three copies (probate only)
5) application fee (there’s no charge if the estate is valued at less than £5000) - for estates valued at more than 5000 the fee is £273
6) if the estate is unlikely to be liable of inheritance tac and the death occurred after 1 Jan 2022 complete the estate summary form NIPF7 (before that date the appropriate form was IH205)
complete form IHT 400 where inheritance tax will be due
a valuation of the state will have been required
if tax appears to be due wait 20 days after lodging form IHT 400 before making the probate application
you will need to calculate the probate value of the estate - what does this include and what needs to be deducted from this
this includes all property passing under the will, or capable of passing under the intestacy rules but excludes all property which passes automatically (eg trust policies)
remember to deduct debts and funeral expenses
if the PRs fail to pay a beneficiary who’s entitled from the estate, they are personally liable - true or false
true
if the PRs fail to pay a beneficiary who’s entitled from the estate, they are personally liable. PRs must therefore take steps to protect themselves against such claims but which steps they take depends on what
whether the claim is known to the PRs
which act covers potential claims by unknown beneficiaries or creditors
s27 TA 1925
what does s27 TA 1925 say about potential claims by unknown beneficiaries or creditors
- PRs must place an advert in the London Gazette, a local newspaper, and make any other appropriate notices. these notices must specify a date in at least 2 months time as a deadline for claims
- in the interim, PRs must make any other appropriate searches for interests (eg if the will disposes of any land, they should search the charges register of the properties in q)
- after the deadline has elapsed the PRs can distribute their estate. any unknown beneficiary/creditor can still bring a claim against the other beneficiaries, but not against the PRs
where the PRs have notice of a potential claim does the beneficiary have to respond to the s27 advert in order to be able to make a claim against the PRs
no
