WAE 9 - Grants Flashcards
What does a grant of representation confirm?
- Identity & date of death
- Validity of the will (if any)
- PR’s identity
- Succession estate value
- Official court signature, stamp, and seal
When is a grant of probate issued?
- Deceased left a valid will
- Executor(s) named in the will
- At least one executor is willing and able to act
When is a Grant of Letters of Administration with Will required?
- Deceased left a will but no executor is named or willing/able to act
- Administrators appointed under NCPR 1987, Rule 20
What is the order of priority under Rule 20 NCPR 1987?
(a) Executor
(b) Trustee of the residuary estate
(c) Residuary beneficiary (incl. life interest)
(d) PRs of (c)
(e) Any other beneficiary or creditor
(f) PRs of (e)
When is a Grant of Letters of Administration (Intestacy) issued?
- Deceased died intestate
- Administrators appointed under NCPR 1987, Rule 22
What is the priority order for intestacy cases under Rule 22?
- Spouse/civil partner
- Children or their issue
- Parents
- Full-blood siblings (+issue)
- Half-blood siblings (+issue)
- Grandparents
- Full-blood uncles/aunts (+issue)
- Half-blood uncles/aunts (+issue)
- Crown
- Creditors or others with potential benefit
What assets don’t require a grant of representation?
- Joint property (survivorship)
- DMCs (deathbed gifts)
- Life policies in trust
- Discretionary pension nominations
- Assets in trust
What is the financial limit under AEA (Small Payments) Act 1965?
- Up to £5,000 per asset
- Applies to certain savings, pension arrears, etc.
What steps must be taken pre-grant?
- Obtain death certificate
- Secure estate assets
- Locate & verify will/codicils
- Identify beneficiaries
- Compile asset/liability schedule
What are common valuation methods for probate?
- Chattels <£500: estimate
- High-value: formal valuation
- Land: estate agents’ valuations
- Shares: stock exchange rules
- Private shares: specialist valuers
What must PRs check regarding debts & lifetime gifts?
- Confirm known/unknown debts
- Investigate gifts in last 7 years (PETs)
- Gather info on value/date/recipient
What determines executor’s right to a grant?
- Entitlement derives from the will
- Does not need court appointment
- Cannot transfer right, but can appoint attorney
When is someone unable to act as executor?
- Under 18
- Lacks capacity
- Is former spouse/civil partner post-divorce (unless overridden by will)
How many executors can apply for a grant?
- Min: 1, Max: 4
- More than 4? Must choose 4; others reserve power.
- Substitute executor can act if original dies or renounces.
What is the chain of representation?
- Executor of deceased executor (E2) can act for the original testator (E1 must have taken grant)
- Applies to executors only, not administrators.
When is a Grant of Letters of Administration de Bonis Non required?
- No PRs remain
- Administration incomplete
- No chain of representation applicable
What’s the order of priority (Rule 20) for administrators where there is a will?
- Executor
- Trustee of residuary estate
- Residuary beneficiary
- PRs of (3)
- Other beneficiaries or creditors
- PRs of (5)*
What’s the order of priority (Rule 22) for intestacy?
- Spouse/civil partner
- Children (or issue)
- Parents
- Full-blood siblings (or issue)
- Half-blood siblings (or issue)
- Grandparents
- Full- then half-blood uncles/aunts (or issue)
- Crown
- Creditors/others
Who has better entitlement to apply for a grant?
Vested beneficiaries are preferred over contingent beneficiaries
What does ‘clearing off’ mean in grant applications?
- Explaining why someone with higher entitlement is not applying
- Required where lower category applies.
Can a grant be applied for on behalf of a minor?
Yes – if no adult of equal or higher priority is willing/able, an application can be made on the minor’s behalf.
When are two administrators required?
- When minor/life interests exist
- Otherwise, only one required
What are the two methods for applying for a grant of representation?
- Completing a paper form and posting to the Probate Registry
- Submitting an online application via HMCTS
Which form is used if the deceased left a valid will?
Form PA1P
Which form is used if the deceased did not leave a will?
Form PA1A
What grant is issued if there is a valid will AND executor(s) willing to act?
Grant of Probate (to executors)
What grant is issued if there is a valid will but no executor willing to act?
Grant of Letters of Administration (with will).
What grant is issued if there is no valid will?
Grant of Letters of Administration.
When are professional applications mandatory online?
Most grants
When are paper applications mandatory for professionals?
- Non-standard grants,
- Complex NCPR 20/22 applications (e.g. minors or life interests)
- Double probate
- missing or damaged wills
- Grants under chain of representation
- Attorneys applying on behalf of executors
What must be confirmed about the deceased and applicants in a grant application?
- Full name, DOB, DOD, address
- Domicile and marital status
- Contact details of applicants
- Beneficial entitlement (for NCPR 22)
What IHT information must be included in a grant application?
- Whether IHT400 sent to HMRC
- Confirmation that IHT is paid
- HMRC’s confirmation via IHT421
- Gross/net estate values if estate is excepted
What does the statement of truth in the grant application confirm?
- All info is accurate
- Estate will be administered lawfully
What must be submitted with the application to ‘prove’ the will?
- Original will and codicils
- Details about condition
- Confirmation all pages are present
- Evidence for named executors not applying
What other items may be needed with the application?
- Death certificate (certified copy)
- Form of renunciation (for executors not acting)
- PA11 if executor appoints attorney
- Affidavits (for damaged/missing wills)
When are fees waived for a grant application?
If the estate is worth under £5,000
When might an affidavit be required with a grant application?
- Will execution unclear or odd (e.g. no attestation clause)
- Doubt over testator’s knowledge/approval
- Multiple/incomplete dates
- Will is damaged or missing
- Codicil revoked or ambiguous
Name three types of affidavits commonly used in probate.
- Affidavit of due execution
- Affidavit of plight and condition
- Affidavit of search
What is needed to admit a copy of a will if the original is missing?
- Court order
- Affidavit confirming:
1. Existence of will after death
2. Execution was valid
3. Copy reflects true testamentary intentions
