Grant of Representation meaning

Estate of [insert name of deceased] Clients: [insert names of executors/administrators] File reference: [insert file ref] The details requested in this questionnaire are needed for the application for a grant of representation. Please complete what you can, and also gather the death certificate together with any documents and passbooks, as asked for within this questionnaire. A Personal details of the deceased Copy death certificate enclosed YES / NO 1 State the courtesy title (Mr, Mrs, etc) and any professional title (eg Dr) 1.1 Provide the deceased’s full name 1.2 Provide any alternative name or names by which they were known 2 Occupation of the deceased 2.1 Was the deceased retired? YES / NO 2.2 National Insurance number 2.3 Unique taxpayer reference; please attach income tax papers 3 A Give the address of the nursing or care home (only if this was the deceased’s last address; otherwise leave blank) 3.1 B Provide the deceased’s usual...

Probate practitioners can obtain a grant of representation for the personal representatives (PR) of a deceased estate in two ways: via post, using application form PA1P (if there is a Will) or PA1A (if there is no Will), or online, through the MyHMCTS application service However, the method is not always optional. With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 (NCPAR 2020). After the end of the transition period on 11 January 2021, professionals must submit most straightforward probate applications using the online process rather than by paper. Schedule 3 to NCPR 1987, SI 1987/2024 sets out the exceptions, under which the postal route remains permitted as an alternative to the online process, and this includes all applications for grants of letters of administration, letters of administration with Will annexed, double grants and grants to attorneys...

The following flowchart Outlines the principal stages of estate administration, beginning with initial contact from a personal representative or a relative of the deceased, proceeding to the submission for a grant of representation, and concluding with the finalisation and closure of the matter within the file itself...

In Scotland, minor offences are pursued via a summary complaint. The summary process is governed by Part IX of the Criminal Procedure (Scotland) Act 1995...

The flow diagram outlines when an executor might renounce probate, the effects this has on administering the estate, and which other individuals may apply for a grant instead, in their place. It also additionally covers the circumstance in which a proving sole, or sole-surviving, executor dies, and explains how the chain of representation interacts with renunciation by their own executor(s). If one of several appointed executors dies after obtaining a grant, but there remain surviving, proving executors named in that grant, those executors will carry on acting...

See Q&A: If a last surviving executor dies after probate has been granted, but there are executors who reserved power to apply for a double grant of probate, who will continue the administration of the estate? Under section 7(1) of the Administration of Estates Act 1925 (AEA 1925), the person who is executor to a sole, or to the final surviving, executor of a testator is treated as the testator’s executor. This principle is known as the chain of representation...

the Ali Abdullah Ali Alesayi Will Establishment v Alesayi [2023] EWHC 3150 (Ch) What are the practical implications of this case? This ruling reaffirms the court’s method when assessing whether a party has standing to advance proceedings on behalf of a deceased person’s estate. The distinction between an executor and an administrator The action might have been issued by an executor; however, the claimant was not identified in the Proof of Will, so it could not act as executor. Acting instead as administrator, the claimant needed an English grant of representation to possess the necessary locus to commence the claim. Claims by legal entities treated the same as claims brought by individuals The claimant company had been formed as the ‘parent holding entity’ to receive assets transferred under the deceased’s Proof of Will. The court determined that bringing the claim through a corporate vehicle, rather than a natural person, did not warrant any different treatment when characterising the causes of action pursued. The claimant...

See Q&A: In what circumstances can a property be sold without a grant of probate/grant of letters of administration? Where the registered title to land stands solely in the name of someone who has passed away, a grant of representation must be obtained before the property can be sold, so that the personal representatives can prove their title for any proposed sale of the property in due course. In law, where the deceased left a valid Will, the estate's executors have authority to act even before probate is issued, as their power derives from the Will itself rather than the grant...

Variation of Will or intestacy after death—Q&As An instrument of variation can be used to alter how a deceased person’s estate is distributed under a Will or on intestacy. It is commonly executed by deed. To secure effectiveness—typically to obtain favourable inheritance tax (IHT) and capital gains tax (CGT) treatment under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) and section 62(6) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)—certain formalities must be met. These include that the deed is in writing, contains the requisite statement applying the statutory provisions, is not made for any extraneous consideration, and is signed by all relevant parties, including the deceased’s personal representatives (PRs) where additional tax would otherwise arise. For guidance on deeds of variation, see Practice Note: Variation of Will or intestacy after death. See also Practice Note: Post-death rearrangements. Compliance with these requirements will usually deliver the intended IHT and CGT position. The formalities for execution of variation should be followed accordingly. Precedent deed of variation...

This Practice Note deals with maintenance agreements where one of the parties to the agreement has died. For practical guidance on varying a maintenance agreement while the parties are still alive, including applications under Schedule 1 to the Children Act 1989 (ChA 1989), refer to Practice Note: Variation and alteration of maintenance agreements during the lifetime of the parties, during the parties’ lifetime. See also Practice Note: Formalities of maintenance agreements. Where a maintenance agreement within the meaning of the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004) provides for periodical payments to continue after the death of one party, and that party dies domiciled in England and Wales, the surviving party or the deceased party’s personal representatives may issue a variation application to the court. The application must be brought within six months of the grant of representation; otherwise the permission of the court is required. If the court decides it is just to alter the terms of the agreement, the...

The intestacy rules Where a person dies wholly or partly intestate—because no valid Will exists or some part is invalid or ineffective—Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to: all the deceased’s movable property, wherever it is situated, provided the intestate was domiciled in England and Wales; and all the deceased’s immovable property in England or Wales, whatever their domicile Enquiries about a Will A thorough search should be carried out to determine whether the deceased left a Will. If none is found, enquiries should be made of the deceased’s next of kin and any known advisers instructed during their lifetime regarding estate planning, to establish whether a Will was made and has been lost. See Practice Note: Obtaining the Will. Reasons for total intestacy There is no statutory definition of intestacy. A total intestacy arises where none of the deceased’s property is disposed of because: the deceased did...

FORTHCOMING CHANGE: The government intends to levy inheritance tax on unspent pension pots upon death, effective from 6 April 2027. For further details, please see the News Analysis item: HMRC confirms new IHT rules on unused pension funds to apply from 6 April 2027...

Grant letter to NS&I NS&ISunderlandSR43 2SB [ enter date ] Dear NS&I, The late [ name of deceased ] NS&I number: [ NS&I number ] [ Premium Bond holder’s number: [ holder’s number or any premium bond number ]. ] Further to our correspondence dated [ date of last letter ], we confirm that a grant of representation has now been obtained in respect of the above estate...

[ name of client ] [ insert address of client ] [ insert date ] Dear [ name of client ] Estate of [ name of deceased ] deceased Further to our discussion, the documents to declare the inheritance tax (IHT) payable on the estate and to submit the application for the grant of [ probate OR letters of administration [ with Will annexed ] ] have now been completed. [ Thank you for your comments on the draft papers. ] Please find enclosed the following for your consideration and final approval: [ Updated ] Schedule of assets and ...

This Q&A assumes that there are no substitute executors. Under the Non-Contentious Probate Rules 1987, SI 1987/2024, r 31, it sets out that a lawfully constituted attorney for a person entitled to a grant may seek administration for the use and benefit of the donor; any such grant must be restricted until further representation is issued, or otherwise as the registrar or a district judge directs. Hence, while an attorney is permitted to apply for a grant, there is no duty upon them to do so...

Mental incapacity of executor Mental capacity may justify excluding an executor from probate (see Evans v Tyler (1849) 163 ER 1266 at [131] (not reported on LexisNexis®)). The position for a sole executor who is incapacitated is governed by the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 35... Under the NCPR 1987, SI 1987/2024, the usual course is for the district judge or the registrar to issue a grant of administration (formerly termed a ‘durante dementia’) for the use and benefit of A, to continue until further representation is granted or otherwise as the district judge or registrar directs. See also NCPR 1987, SI 1987/2024, r 31... Further, r 35(2) of the NCPR 1987, SI 1987/2024, prescribes the order of priority for a grant where the executor lacks mental capacity...

Serving the notice Administration of Estates Act 1925, s 1(3) states that on a person’s death the personal representatives step into the deceased’s place in relation to his real property, so far as any interest survives his death, and equally in relation to his personal property. It follows that a notice connected to that property should be directed to the deceased’s personal representative, irrespective of who holds that role, and irrespective of whether a grant of representation has yet been obtained, since the testator’s property vests in the executor from the moment of death, without any interval. Where the death is intestate, the administrator’s office is described as dative, because it arises only from the grant of administration. Accordingly, until a grant issues, the deceased’s property vests in the Public Trustee and not in the administrator, who acquires authority on the grant. Service on the personal representative is the proper course even before any grant...