What are the different types of Grants of Representation
A grant of representation is a legal document that permits you to manage someone’s estate. To obtain it, you must gather information about the estate, complete a form, and submit an application to the probate registry.
What is a Grant of Representation?
A grant of representation is a legal document that the probate registry issues, granting authority to manage someone’s estate. After the document is issued, the individual named in the grant can administer the estate, which involves selling property, closing bank accounts, and distributing assets to the beneficiaries.
What are the different types of Grant of Representation?
There are 3 main types of grants which can be applied for and the type of grant you need will depend largely on the status of the will. These are Grants of Probate, Letters of administration and Letters of administration with Will annexed.
Grant of Probate – This is where the deceased has left a valid will (signed, witnessed and dated) appointing an executor or executors who are able and willing to act. The Grant of probate will be issued to the executor, giving them authority to distribute the estate.
Letters of administration – This is appropriate when the deceased dies intestate (without a will). Letters of administration can be applied for by people with a beneficiary interest in the estate, in the following order of priority:
- Surviving husband or wife (they must have survived by at least 28 days)
- Children of the deceased, or their children, if they pre-deceased
- Father and mother of the deceased
- Brothers and sisters, or their children, if they pre-deceased
- Half-brothers and sisters, or their children, if they pre-deceased
- Grandparents
- Uncles and Aunts, or their children if they pre-deceased
- Uncles and Aunts of half-blood, or their children if they pre-deceased
Letters of administration with Will annexed – This is appropriate where the deceased left a valid will but the executor is not able or willing to act.
Do I need a grant of representation?
A Grant of Representation will be needed for certain investments, in order to sell a deceased person’s property and in theory for accounts where the funds are over £5,000. It is worth noting that different banks have different policies on the threshold of funds they will release without a grant.
How long does it take to get a Grant of Representation?
The time required to secure a Grant of Representation can vary, this can be affected by various factors including the estate’s complexity, the total beneficiaries involved, and the promptness in submitting all required paperwork to the Probate Registry.
Do I need a solicitor to apply for a Grant of Representation?
Applying for Grant of Representation is a crucial legal process, and making a mistake could have far-reaching consequences, in particular, complex tax implications have to be considered. Part of the probate process is determining whether there is any inheritance tax to pay on the estate before applying for a grant, and this can involve quite complex calculations governed by intricate rules. This is an area that probate professionals are experienced in calculating. Additionally, there are also strict timelines with probate. For example, a tax return has to be submitted to HMRC within 6 months of the date of death.
While the application system is open for anyone to use, it is advised to use an expert lawyer who specialises in Wills and Probate for the above reasons. Our specialist Wills and Probate department will be able to guide you throughout the process and give you the peace of mind of knowing that the correct procedures are being followed at all times.
How we can help
If you are the Executor for a Will of someone who has recently died, please get in touch with us, and we shall be happy to answer any questions you might have about applying for Grant of Representation. You can either contact us by emailing info@ommlaw.co.uk or call 01525 378177.
