The grant of representation

Question 1

what does a grant of representation establish

Answer 1

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

Question 1

what is a grant of representation (what type of court order is it)

Answer 1

high court order

Question 2

what are the three key types of grant of representation

Answer 2

1) grant of probate
2) grant of letters of administration with the will annexed
3) letters of administration

Question 3

the term personal representative covers both executors and administrators - true or false

Answer 3

true

Question 4

can minors become PRs

Answer 4

no but their parents can apply for a grant ‘for their use and benefit on their behalf’

Question 5

what is grant of probate

Answer 5

the appropriate grant where there’s a valid will that appoints executors, and those executors are willing to act

Question 6

how many executors can take out a grant of probate

Answer 6

max of 4

Question 7

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

Answer 7

there must be a minimum of two executors

Question 8

executors can be appointed expressly or impliedly by the will - true or false

Answer 8

true

Question 9

grant of letters of administration with the will annexed is the appropriate grant where there’s a valid will but either…

Answer 9

• 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)

Question 10

which rule sets out the order of entitlement to apply for the grant

Answer 10

rule 20 non contentious probate rules 1987

Question 11

what is the order in rule 20 non contentious probate rules 1987 where there is no executor

Answer 11

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

Question 12

what is letters of administration

Answer 12

the appropriate grant where there is no will capable of being admitted to probate

Question 13

which rule sets out the order of entitlement to apply for the grant of letters of administration

Answer 13

rule 22 non contentious probate rules 1987

Question 14

what is the order set out in rule 22 non contentious probate rules 1987 to apply for the grant of letters of administration

Answer 14

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

Question 15

at least two administrators are required whenever there’s a minority or life interest arising out of the estate - true or false

Answer 15

true

Question 16

if the entire estate consists of adults with absolute interests, one administrator will not suffice - true or false

Answer 16

false
one administrator will suffice

Question 17

process for applying for probate or letters of administration - what are the docs required

Answer 17

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

Question 18

you will need to calculate the probate value of the estate - what does this include and what needs to be deducted from this

Answer 18

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

Question 19

if the PRs fail to pay a beneficiary who’s entitled from the estate, they are personally liable - true or false

Answer 19

true

Question 20

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

Answer 20

whether the claim is known to the PRs

Question 21

which act covers potential claims by unknown beneficiaries or creditors

Answer 21

s27 TA 1925

Question 22

what does s27 TA 1925 say about potential claims by unknown beneficiaries or creditors

Answer 22

• 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

Question 23

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

Answer 23

no

Question 24

If the beneficiary doesn’t need to respond to the s27 advert, what must the PRs do

Answer 24

the PRs must search for the individual - where the estate is substantial might consider instructing private investigators or genealogists to assist

PRs should also take additional steps to protect themselves

Question 25

what kind of additional steps can a beneficiary take to protect themselves

Answer 25

• keeping back a proportion of the assets in case the beneficiary comes forward
• taking an indemnity from the other beneficiaries
• taking out insurance to cover the potential liability
• applying for a benjamin order from the court which allows the PRs to distribute the estate based on a specific assumption (eg that the beneficiary has died) and subsequent claim by the beneficiary must then be brought against the other beneficiaries but can’t be brought against the PRs
• paying into court the property to which that missing beneficiary is entitled