Application procedure (Grants of representation)- FS

Question 1

What are the three main types of grant of representation?

Answer 1

1. Grant of Probate – Where the deceased left a valid will and an executor is willing and able to act.
2. Grant of Letters of Administration with the Will Annexed – Where the deceased left a valid will but no executor can or will act.
3. Grant of Letters of Administration – Where the deceased died intestate (no valid will).

Question 2

What is Definition: Grant of Representation

Answer 2

A legal document issued by the probate registry giving the personal representative authority to administer the deceased’s estate, including collecting assets, paying debts, and distributing to beneficiaries.

Question 3

List: 4 Key Steps in the Application Procedure for a Grant of Representation

Answer 3

1. Identify the correct type of grant
2. Gather full details of the deceased’s assets and debts
3. Assess and pay inheritance tax
4. Submit the required documentation to the probate registry

Question 4

What documents must be submitted to the probate registry when applying for a grant of representation?

Answer 4

• The original will and any codicils, plus 2 A4 photocopies
• Any affidavit evidence required
• Relevant inheritance tax forms
• Completed application form (PA1P if there is a will, PA1A if no will)
• Probate court fee

Question 5

What are the two application forms used in probate, and when is each one used?

Answer 5

• Form PA1P – Used where the deceased left a valid will
• Form PA1A – Used where the deceased died intestate (no valid will)

Question 6

What is the role of affidavit evidence in a probate application?

Answer 6

To resolve irregularities or explain special circumstances, such as:

• Lost wills
• Handwritten amendments
• Executor renunciation
• Doubts about the validity of signatures or capacity

Question 7

When must inheritance tax be assessed and paid in the probate process?

Answer 7

Inheritance tax must be evaluated and paid before submitting the application for a grant of representation. It is part of the third step in the procedure.

Question 8

What is the legal consequence of submitting the wrong type of grant application?

Answer 8

The application will likely be rejected by the probate registry. The applicant must correctly identify the appropriate type of grant based on the existence and validity of a will and the status of the executors.