Administration: Obtaining the Grant of Representation

Question 1

What is the effect if the PRs are identified in a valid will and one or more of whom is able and willing to act?

Answer 1

Executors will obtain a grant of probate

Question 2

What is the effect when the deceased left a valid will but there are no persons able or willing to act as executors?

Answer 2

Administrators will obtain a grant of letters of administration with the will annexed (Form PA1P)

Question 3

What is the effect where the deceased left no will or no valid will?

Answer 3

Administrators will obtain a grant of (simple) letters of administration (Form PA1A0

Question 4

How many people can be administrators?

Answer 4

2 are required where one of the beneficiaries is an infant or only has a life interest

Question 5

What is the effect of the grant of probate?

Answer 5

An executor derives authority to act in the administrator of an estate from the will - the grant of probate confirms that authority

Question 6

What is the authority of administrators?

Answer 6

Very limited powers before the grant is made

The grant of letters of administration vests the deceased’s property in the administrators

Question 7

How can executors renounce their right to take the grant?

Answer 7

They can only renounce if they have not intermeddled in the estate

A renunciation must be made using Form PA15 signed (and witnessed) by the person renouncing

Question 8

Hoe many executors can be appointed?

Answer 8

For wills, there is no limit

Foor probate a max of 4