Grants of Representation Flashcards
What is a grant of representation?
A legal document which confirms a person’s right to administer the estate of a deceased person
Which court usually handles probate business when the estate is non-contentious?
Family Division of the High Court
Which 2 courts usually handles probate business when the estate is contentious?
- Chancery Division of High Court
- County Court (if estate is worth less than £350k)
PRs can obtain payments held in National Savings Bank accounts/certificates, premium saving bonds, and building societies:
1. Up to what amount?
2. What must they produce?
- £5,000
- Death certificate
Name 4 other types of assets that can usually be sold by a PR by producing a death certificate?
- Furniture
- Jewellery
- Clothing
- Cars
When is a grant of probate used?
When D left a valid will appointing an executor who is willing to act as PR
How many executors can be appointed under a grant of probate?
4
When is a letters of administration with will annexed used?
Where D had a will but there’s an issue with the appointment of an executor (e.g. they predeceased D or are unable or unwilling to act)
What is the rule 20 non-contentious probate rules preferential order for applicants to letters of admin with will annexed after the executor ? (5 categories)
- Trustee of residuary estate
- Any other residuary beneficiary
- PRs of any residuary beneficiary
- Any other beneficiary/creditor
- PRs of any other beneficiary/creditor
(remember - residuary has priority!)
A person applying for letters must _____ ___ anyone having a higher ________ to a grant by confirming in their application that such persons have _________ or have ___
clear off, entitlement, renounced, died
What is the minimum no. of administrators that must be appointed if a minor child is a beneficiary?
2 administrators
When is letters of administration used?
If D left no will (i.e. they died intestate)
What is the order of preference for the grant of a letters of administration under rule 22 of the non-contentious probate rules (6 categories)?
- Spouse
- Children (or their issue if they predeceased D)
- Parents
- Siblings (whole blood then half blood)
- Grandparents
- Uncles and aunts
(note: PRs of a person in the above list have the same right as the person)
When there is more than one person of equal rank under the order of preferences, and one has a vested interest and one has a contingent interest in the estate, the court generally prefers an application by which beneficiaries?
Those with a vested interest
What is a grant de bonis non?
A special type of grant which must be obtained when the sole or last surviving PR of D’s estate dies after taking out the grant, but before completing the administration
