Administration: Obtaining The Grant

Question 1

What are the three possibilities under initial assessment ?

Answer 1

• valid will with one or more willing executors = executors will obtain grant of probate
• valid will but no persons willing to act as executors = administrators will obtain grant of letters of administration with annexed will
• deceased left no valid will = administrators will obtain a grant of (simple letters of administration)

Question 2

How many executors vs administrators must act ?

Answer 2

One executor can always act but usually two administrators required if there is an infant beneficiary

Question 3

What assets can be accessed without grant ?

Answer 3

Assets within small payments act 1965 - if value is less than £5000 but it is at discretion of the institution

• chattels
• cash

Question 4

What is an IHT400 form for ?

Answer 4

An inventory of assets required for non excepted estates

Question 5

What are excepted estates ?

Answer 5

• small estates - where estate + gifts within 7 years doesn’t exceed nil rate threshold
• exempt states - gross value of estate + transfers doesn’t exceed £3Mil and net value of estate after deduction and exemptions doesn’t exceed nil rate band
• non-domiciled - never domiciled or treated as domicile in the uk

Question 6

When is IHT due ?

Answer 6

General rule is IHT is six months after end of deceased month

Question 7

What are PA1P and PA1A forms for ?

Answer 7

PA1P for valid will and PA1A for no Will for grants - must state whether an IHT400 form was completed

Question 8

What form will executors applying for grant of probate use ?

Answer 8

PA1P

Question 9

How is renunciation done ?

Answer 9

They can renounce if they have not intermeddled via form PA15

Question 10

What is the appropriate grant if there is a valid Will but no executor willing to act ?

Answer 10

Letters of administration with the Will annexed

Question 11

What is the grant and form for death without Will ?

Answer 11

Grant of simple letters of administration via form PA1A

Question 12

What is a citation to take probate ?

Answer 12

Where executor loses right to renounce but has not applied for grant of probate - forces them to process it

Question 13

What is a citation to propound Will ?

Answer 13

Can apply for citation to end the Will

Question 14

What is a devastavit claim ?

Answer 14

Where PR has caused loss by wasting assets - personally liable

Defences - if they honestly and reasonably ought to be excused

Question 15

When will IHT400 not be required ?

Answer 15

When there estate falls into the exempt category

Question 16

Who has priority in taking grant of representation ?

Answer 16

Residuals beneficiaries or the parents of beneficiaries if they are minors