Administration - Requirement for a Grant & Types Flashcards
(12 cards)
What is a grant of representation?
A court order confirming the authority of a personal representative (PR) to administer the deceased’s succession estate.
What does a grant of representation confirm?
- Identity and date of death of the deceased
- Whether the deceased left a valid will
- Identity of the PR(s)
- Value of the succession estate
Is a grant of representation always needed?
No—but it is required unless the estate only includes assets that can be dealt with without a grant.
Why is a grant of representation usually required?
It provides legal proof of the PR’s authority to collect and deal with the estate assets.
When does an executor’s authority to act begin?
From the date of death—the will gives them authority, and the grant confirms it.
When does an administrator’s authority to act begin?
Only once the grant is issued—there is no authority until then.
What are the three main types of grant?
1.Grant of Probate
2.Grant of Letters of Administration (with will)
3. Grant of Letters of Administration (intestacy)
When is a grant of probate the correct grant?
Where the deceased left a valid will and at least one executor named in the will is willing and able to act.
Does a grant of probate apply only if the will disposes of the entire estate?
No. A grant of probate is still used even if the will disposes of only part of the estate.
Can a named executor transfer their right to apply for a grant?
No—but they may appoint someone to act on their behalf using a power of attorney.
When is a grant of letters of administration (with will) appropriate?
Where the deceased left a valid will, but no executors are appointed or none are willing/able to act.
Who appoints administrators in this case?
The court, using the priority order in Rule 20 of the Non-Contentious Probate Rules 1987 (NCPR).
