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Grants of representation where a Will exists: entitlement, priority and special situations—Q&A guide (England and Wales)

Practice notes
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Administration with Will annexed—priority to apply for grant—Q&As

For guidance on the different forms of grant of representation that personal representatives (PRs) might be required to obtain, refer to Practice Note: The type of grant needed. In most estates where the deceased left a valid Will, there is at least one executor named who survives and is ready and able to act. One or more of those appointed will then proceed to apply for a grant of probate in the ordinary manner. This remains the standard route in straightforward circumstances.

Occasionally, the executors first listed are unwilling or unable to serve, yet the Will identifies one or more substitute executors who are prepared to do so. See Practice Note: Application for a grant of representation. Their appointment enables continuity in progressing the estate as intended.

That said, it is not uncommon for every executor, including any substitutes named in the Will, either to have died before the testator or to be incapable of acting, or unwilling to take on the estate. In some instances, an executor survives the deceased and even secures a grant of probate, but later loses capacity or dies before the administration of the estate has been finalised...

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Web page updated on 21/05/2026

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