Letters of Administration meaning

This table provides an outline of the procedure where there is a probate claim For additional guidance, consult: Practice and procedure—contentious trusts and estates—overview, and Probate actions (probate claims)—overview. Issue of claim form (CPR): where the Claimant is a child or a protected party, comply with CPR Part 21 regarding the appointment of a litigation friend (CPR 21.1–21.6). The Claimant completes the claim form (Form N2), retaining one copy for filing and further copies for service on each Defendant (CPR 7.2, CPR 57.3). The claim form must set out the nature of the interest of the Claimant and of each Defendant in the deceased’s estate to which the claim relates (CPR 57.7(1)). Particulars of claim can appear within the claim form, or be served separately (CPR 7.4(1)(a)). For a claim seeking revocation of a grant: every person entitled, or asserting entitlement, to administer the deceased’s estate under any unrevoked grant of probate of the Will or letters of administration must be joined...

This Checklist Produced together with both Josephine Howe, partner, and Grace Gao, counsel, at Ogier, this checklist was created...

Checklist This Checklist summarises the potential claims against a defendant where the claimant in a personal injury case has died before trial. It reviews the principal statutory regimes—the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) and the Fatal Accidents Act 1976 (FAA 1976)—and indicates who may bring the claim and the recoverable heads of loss. For further guidance, see Practice Notes: Law Reform Act or Fatal Accidents Act? and Claims involving a fatality—heads of damage... Cause of action Claim on behalf of the deceased’s estate (under LR(MP)A 1934) Who can bring the claim? By the administrator or executor of the estate. A valid will or Grant of Letters of Administration will be required... Heads of loss Guidance on the recoverable heads of loss is provided by LR(MP)A 1934 and FAA 1976 and in the referenced Practice Notes...

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...

In this issue: Spring Statement 2025 Probate UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Contentious trusts and estates Art and heritage property, landed estates and farming families International Question of the week Daily and weekly news alerts LexTalk® Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Spring Statement 2025 Spring Statement 2025—key points On Wednesday 26 March 2025, the Chancellor of the Exchequer, Rachel Reeves, presented the government’s Spring Budget. There were no fresh measures for Private Client tax advisers—disappointing for those with clients likely to be affected by the planned reforms to business property relief and agricultural property relief from April 2026. Nor was there any sign of a rethink on the proposal to levy an IHT charge on pensions on death. By contrast,...

What are the practical implications of this case? This notable judgment addresses three discrete themes of particular significance. First, it revisits the Harman undertaking, which prohibits collateral use of documents obtained on disclosure in civil litigation. Deploying materials produced on disclosure in Australian proceedings to support an anti-suit injunction in England constitutes a breach of that obligation. Second, it assesses the duty of full and frank disclosure on without notice and short notice applications, together with the limited circumstances in which the court may properly exercise its discretion not to set aside an order procured in breach of that duty of full and frank disclosure. Finally, the decision offers a considered treatment of the doctrines of actual and ostensible authority, in a scenario where a company seeks to place reliance on engagement letters executed by a separate entity within the same corporate group. What was the background? Greensill Bank AG (GBAG) is a bank incorporated in Germany and forms part of the Greensill Group. It...

This Practice Note sets out, step by step, how to assemble all the components of a construction contract ready for execution from the outset. In the haste to start the works, gathering the complete suite of documents that constitute the contract is sometimes overlooked, or not collated promptly. At times, works even commence before negotiations are concluded or the agreement executed, typically under a letter of intent (see Practice Note: Letters of intent—construction). This is generally unwise; it is essential to finalise the contract and to ensure a full set of documents is compiled and readily accessible to each party at all times, to support efficient and consistent contract management and administration, and to ensure issues and potential disputes can be handled effectively and smoothly throughout the works. General considerations Construction contracts are often extensive and voluminous, containing numerous technical and commercial schedules as well as a lengthy main body of conditions and contract particulars. The precise documents required to create the construction contract will be shaped by...

This starter guide offers an overview of the Private Client practice area. It is designed for trainee solicitors, paralegals, and anyone new to Private Client work. It concentrates on core topics within Private Client law and signposts additional Lexis+® UK resources and materials that deliver more comprehensive detail. Newcomers to Private Client will also find the Overviews within each subtopic of the Private Client module helpful. These Overviews introduce each subtopic and link to pertinent content within it, aiding navigation of the area. For instance, see: Will drafting—overview and Inheritance tax (IHT)—overview. If something is not covered here, try browsing our Private Client topic tree or using the search bar to locate further Private Client content. The guide also includes links to help you get the most from the Private Client materials, including how to subscribe to email alerts and how to contact the LexisAsk team. Key topics in Private Client Private Client lawyers commonly handle: Wills Probate Trusts Powers of...

Executors General An executor is an individual chosen by the testator, usually in a Will or codicil, to: administer their assets, and give effect to the terms of the Will The office of executor arises from the testator’s Will or other testamentary instrument. A grant of probate confirms the executor’s authority. In practice, an executor can normally demonstrate entitlement only by securing probate, which banks and other bodies often require before allowing the executor to deal with and collect in the asset. The testator’s property vests in the executor from the moment of death without any gap in time. A testator may appoint: different executors for distinct parts of the estate some persons as executors of assets overseas and others for property in the UK separate executors for real property separate executors for literary estates The High Court may grant probate or letters of administration for any portion of the deceased’s estate, limited...

[ insert name of beneficiary ] [ insert address of beneficiary ] [ insert date ] The late [ name of deceased ] Dear [ insert name of beneficiary ], Further to my correspondence dated [ date of last letter ], I am pleased to advise that the personal representatives have now obtained the grant of [ probate OR letters of administration ] in respect of [ name of deceased ]’s estate. Please find enclosed a copy of the interim accounts for your reference. Once we are in receipt of all liquidated assets and the final accounts have been approved, we can proceed with the final distributions and bring the estate administration to a close. If you have any queries, please do get in touch. I look forward to hearing from you. Yours sincerely,...

[ insert name of client ] [ insert address of client ] [ insert date ] Dear [ insert name of client ] Estate of [ ...

[ Enter beneficiary’s name ] [ Enter beneficiary’s address ] [ Enter date ] Dear [ beneficiary’s name ] The late [ deceased’s name ], otherwise known as [ any other name by which the deceased was known ] [ I am sorry to advise you that the individual named above has passed away on [ enter date of death ]...

Rule 10(2) of the Non-Contentious Probate Rules 1987, SI 1987/2024 (SI 1987/2024, r 10(2)) states that a district judge or a registrar may authorise a facsimile copy of the will, and any codicil, to be duly marked in place of the original...

Individuals who have the right to obtain a grant in an estate may opt not to extract it. It is generally uncommon for those entitled to secure letters of administration for an insolvent estate to proceed, save where commencing, or defending, proceedings on behalf of or against the estate could deliver a material benefit to it. Where such a benefit exists, the persons listed in the Non-contentious Probate Rules 1987 (SI 1987/2024), rule 22, may apply. If there is an eligible person within that list who is able to take a grant, they are entitled to renounce that entitlement, and that may well be the safest course in circumstances where there is an insolvent estate in such cases...

Apart from minors and those lacking mental capacity, a testator is, in principle, generally free to choose any executor. That said, a court is unlikely to grant representation to a bankrupt or insolvent individual, save where the testator was aware of the bankruptcy when naming that executor in the Will. At present, there is no bar on appointing a personal representative who has been discharged from bankruptcy or insolvency, this extends to someone released from an individual voluntary arrangement. Refer to Practice Note: Definition of a personal representative, particularly the section ‘Bankruptcy and PRs’ for further guidance and detailed discussion on this...