WAE 9 - Grants Flashcards
What does a grant of representation confirm?
Confirms authority to administer the estate. The information on the grant:
* 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 and what does the Act do?
This allows the following types of assets to be distributed without a grant if the asset holder is satisfied with informal proof of title:
* 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 must PRs check regarding debts & lifetime gifts?
- Confirm known/unknown debts
- Investigate gifts in last 7 years (PETs)
- Gather info on past gifts such as value/date/recipient
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 happens when a PR dies before adminsitration is complete?
- If at least one PR remains - they can continue
- If no PR remain - can either use ‘chain of representation’ or ‘grant of letters of administration de bonis non’
What is the chain of representation?
- Applies to executors only, not administrators.
- Last surviving executor (E1) appoints an executor of their own estate (E2) and E2 can take out a grant of probate for the last executor’s estate
- E1 must have already taken out a grant of probate for the first deceased before themselves dying
- E2 automatically becomes executor of the original testator’s estate as well as being executor for E1’s estate.
- No additional grant is required.
When is a Grant of Letters of Administration de Bonis Non required?
- No PRs remain
- Administration incomplete
- No chain of representation applicable
Grant of Letters of Administration (with will): those within the same category have equal right to apply but 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
Applying for a grant - which grant application 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
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)
