Administration - Assets without a Grant

Question 1

What is the general rule about when a grant of representation is required?

Answer 1

A grant is usually required to prove the authority of PRs and administer succession estate assets—but there are exceptions.

Question 2

What categories of assets do not require a grant to administer?

Answer 2

• Some low-value succession assets (e.g. under the Small Payments Act)
• Personal household possessions
• Cash
• Property passing outside the succession estate (e.g. by survivorship or trust)

Question 3

What does the Administration of Estates (Small Payments) Act 1965 allow?

Answer 3

Certain institutions may release sums up to £5,000 without a grant to someone who appears entitled.

Question 4

What types of assets are covered under the Act?

Answer 4

• National Savings
• Friendly Societies
• Premium Bonds
• Arrears of wages/pensions
• Some building society accounts

Question 5

What happens if the asset exceeds £5,000 in value?

Answer 5

A grant is required to deal with the whole asset—even the part below the limit.

Question 6

Do banks and financial institutions follow the Small Payments Act limits strictly?

Answer 6

No. Many institutions have their own policies and will release sums up to £15,000 or more without a grant.

Question 7

What do institutions usually require before releasing funds without a grant?

Answer 7

• Death certificate
• Will (or proof of intestacy)
• Signed indemnity or undertaking from PRs

Question 8

Is a grant needed to deal with household items or cash in the home?

Answer 8

No. Title passes by delivery, and a grant is not needed—except for vehicles, which require documentation.

Question 9

What must PRs do before selling personal possessions?

Answer 9

Check if the item is specifically gifted in the will and obtain consent from any joint owner.

Question 10

Do assets passing outside the succession estate require a grant?

Answer 10

No. These assets do not vest in the PRs, so a grant is not needed.

Question 11

What are examples of such assets passing outside the succession estate?

Answer 11

• Jointly owned property (survivorship)
• DMCs
• Life policies in trust
• Pension lump sums (nominated)
• Trust interests (dealt with by the trustees)

Question 12

What is the process to release these assets passing outside of the estate?

Answer 12

Provide the death certificate and any documentation required by the asset holder (e.g. pension provider or trustee).

Question 13

What are the benefits of being able to administer some assets without a grant?

Answer 13

• Immediate access to funds
• Helps meet expenses like IHT
• May be more cost-effective for small estates

Question 14

If a grant is required for some estate assets, should PRs still deal with others without it?

Answer 14

Usually not. It is often simpler to administer the entire estate using the grant.