Grants of Representation Flashcards
Why do the PRs need a grant of representation?
Confirms their authority to act, access deceased’s assets etc
If there is a valid will appointing a willing & able executor, which type of grant?
Executors obtain a grant of probate
If there is a valid will but no persons able or willing to be the executor, which grant?
Administrators obtain grant of letters of administration with the will annexed
If there is no valid will, which grant?
Administrators obtain grant of (simple) letters of administration
What is the maximum number of executors who can be granted probate in respect of the same property?
Four
Nb. No limit on how many executors can be appointed by will & 1 executor will be sufficient for probate
What happens if an executor appointed by the will lacks capacity?
They cannot apply for grant of probate
The other executors can apply or, if they are the only executor, their PR takes the grant in their place
What happens if one of the executors appointed by a will is a minor?
If one of several executors is a minor, probate can be granted to the adult executor(s) with power reserved to the minor to take grant at a later date
Can an executor appointed by the will renounce their right to take the grant of probate?
Yes, if they have not intermeddled (done tasks a PR might do)
Their rights as executor cease & administration of the estate proceeds as if the executor has never been appointed
Renunciation made using form PA15 filed with HMCTS
If there is a valid will but no persons able or willing to act as executors, how is the administrator determined?
Rule 20 Non-Contentious Probate Rules
- The executor
- Any residuary legatee holding property on trust for any other person
- Any other residuary legatee or anyone entitled to the residue under intestacy rules
- The PR of (2) or (3)
- Any other beneficiary under the will or any creditor of the deceased
- The PR of (6)
What is set out in r20 NCPR?
Who the administrator will be where there is a valid will but no able or willing executor:
- The executor
- Any residuary legatee holding property on trust for any other person
- Any other residuary legatee or anyone entitled to the residue under intestacy rules
- The PR of (2) or (3)
- Any other beneficiary under the will or any creditor of the deceased
- The PR of (6)
What is clearing off?
Where a person in a lower-ranked category under r20 or 22 NCPR applies to be an administrator
Must explain basis of their own entitlement & why nobody in a higher category is applying
Can minors act as administrators?
No
How many administrators should there be for a grant of letters of administration?
If there is a life interest or property passes to a minor: minimum 2
If no life interest or property passing to a minor, 1 is sufficient
The maximum is 4 (but not possible for administrator to have power reserved to later stage)
Can a person entitled to apply for a grant of letters of administration renounce?
Yes (does not affect any beneficial entitlement or appointment as trustee)
Unlike executors, do not lose right to renounce by intermeddling
Renunciation made using form PA16 to HMCTS
If there is no valid will, who can apply for grant of (simple) letters of administration?
Set out in rule 22 Non Contentious Probate Rules (same as the intestacy order):
a. Surviving spouse / cp
b. Children of deceased & issue of any deceased child who predeceased
c. Parents
d. Whole siblings & the issue of any deceased
e. Half siblings & the issue of any deceased
f. Grandparents
g. Whole aunts & uncles & issue of any deceased
h. Half aunts & uncles & issue of any deceased
i. Treasury Solicitor if claiming bona vacantia
j. Creditor of the deceased
