Bereaved families are often surprised to learn that a Grant of Representation is required, even if their loved one made a valid Will. Lavanya Hart, a solicitor in our Wills and Probate Team, explains what a Grant of Representation is and why it might be needed.
Is there a difference between an Executor and an Administrator?
When a loved one dies, the person dealing with their estate is called an executor or an administrator.
An executor is the person named in the Will as the person responsible for dealing with the estate. Executors may have to apply for a specific legal authority to deal with the estate and this is known as a Grant of Probate.
An administrator is someone responsible for dealing with an estate under specific circumstances (if someone died without a valid Will or there aren’t any surviving executors able or willing to act). An administrator may have to apply for a Grant of Letters of Administration to deal with the estate.
What is a Grant of Representation?
Often known simply as “Probate”, a Grant or Representation is the formal authority from the court that those authorised can now deal with the estate of the person who has passed away. This Grant is a Grant of Probate or a Grant of Letters of Administration.
A Grant of Probate is a legal document confirming that the Executors named on it are the people entitled to deal with the estate. Once financial institutions and HM Land Registry see the Grant, they will know they are dealing with the correct person.
If your loved one died intestate (without a valid Will) then a Grant of Letters of Administration can be applied for instead. If there is a Will but with no Executors, then a Grant of Letters of Administration (with the Will annexed) can be used. In most scenarios these will all inform third parties who is entitled to deal with your loved one’s assets.
Who can apply for the Grant of Representation?
The Executor named in the Will is usually the one to apply for the Grant of Representation.
If your loved one died without a Will or there is no Executor willing and able to act as Executor, an administrator can apply for a Grant of Letters of Administration. There are specific rules set out in the Law about who can apply for the Grant of Letters of Administration and who has priority. The order of priority is as follows:
- Surviving spouse or civil partner
- The deceased’s children and the issue of any child who died before the deceased
- Parents of the deceased
- Whole blood siblings and the issue of any whole blood sibling who died before the deceased
- Half-blood siblings and the issue of any half-blood sibling who died before the deceased
- Grandparents
- Whole blood uncles and aunts and the issue of any whole blood uncles and aunts who died before the deceased
- Half-blood uncles and aunts and the issue of any half-blood uncles and aunts who died before the deceased
When do I need a Grant of Representation?
If the value of the estate is fairly small or most assets were held jointly so pass automatically to the surviving owner, you may not need a Grant. If your loved one had larger assets, then the bank or investment company who is holding those assets will likely require the Grant before they release the funds to the Executors.
If your loved one owned property or land in the estate then is required to register any sale or transfer with HM Land Registry.
It is best practice to apply for the Grant as soon as you are able to.
How do I apply for a Grant of Representation?
To apply for a Grant of Representation, the executors or administrations will need to:
1. Prepare and submit an Inheritance Tax Account to HMRC
Depending on the assets held by the deceased and the types of exemptions or reliefs which may apply, the executors or administrators may need to prepare and submit a full Inheritance Tax account to HMRC. They will also need to pay any Inheritance Tax due to HMRC.
It is advisable to instruct a solicitor to advise and assist with the appropriate forms to ensure the deceased’s estate is making use of the allowances and reliefs available to which can be offset and mitigate against any Inheritance Tax.
2. Probate Code
Once the Inheritance Tax Account has been submitted to HMRC, they will usually take between 20 to 25 working days to issue a probate code which will enable the executors or administrators to apply for the Grant.
3. Apply for the Grant
Once the probate code has been received from HMRC, the executors or administrators can apply for the Grant using the Probate Registry’s online portal. Administrators may be required to submit a paper application for intestate estates depending on the circumstances.
If there is an original Will (and Codicils), these will need to be submitted to the Probate Registry as part of the application process and will become public documents. This means they are available for anyone to see.
The Probate Registry aim to issue the Grant within 16 weeks from the date on which the application and supporting documents have been received.
If you or your family need any assistance following the death of a loved one, please get in touch with our experienced Wills and Probate Solicitors in Surrey and we will guide you along the right legal path.
