Grants of Representation

Question 1

What does an executor need to obtain?

Answer 1

A grant of probate.

Question 2

What does an administrator need to obtain if there’s a will vs no will?

Answer 2

A grant of letters of administration with the will annexed, if there is one.

Question 3

How many administrators are required where one beneficiary is an infact (‘a minority interest’) or only has a life interest?

Answer 3

Two. In contract, one executor can always act alone.

Question 4

Where does an executor derive authority from vs administrators?

Answer 4

Executor: from the will. The grant of probable only confirms that authority.
Administrator: from the grant. Therefore, they have very limited powers before a grant is made. The grant vests the deceased’s property in the administrators.

Question 5

How do solicitors comply with GDPR?

Answer 5

Solicitors must inform benecifiaries that they are holding personal data on them, the purposes for which the data will be used and the rights of the beneficiaries as data subjects.

Question 6

What kinds of assets can pass to the PRs without a grant?

Answer 6

1. Administration of Estates (Small Payments) Act 1965: not available if the asset value exceeds 5,000 and the payments are made at the discretion of the institutions concerned. Examples: money in National Savings Bank and Trustee Savings Bank; National Savings Certificates and Premium Bonds; and money in building societies and friendly societies.
2. Chattels
3. Cash

Question 6

What form do executors use to apply for a grant of probate?

Answer 6

PA1P.

Question 6

What if an executor lacks capacity to act?

Answer 6

Other executors will take the grant or, if he’s the only executor, his attorney appointed under an enduring or lasting power of attorney can take the grant.

Question 6

What if a minor is the executor?

Answer 6

Someone must take the grant on their behalf.
If more than 1 executor, the other adult executors will get the probate with power reserved to the minor to take the grant at a later date.

Question 6

What is renunciation?

Answer 6

Executors can renounce their right to take the grant, only if they haven’t intermeddled in the estate. Must be made using Form PA15, signed (witnessed) and filed with HMCTS.

Question 6

What happens if an executor renounces their right but is also a trustee?

Answer 6

They remain a trustee.

Question 7

What do you need to do if you don’t want to be a trustee?

Answer 7

You must disclaim your trusteeship.

Question 8

How many executors can get the probate?

Answer 8

Maximum of 4. Power may be reserved for the others.

Question 9

Is it possible to obtain a grant limited to part only of the estate?

Answer 9

Yes, esp where particular expertise is required.

Question 10

What is the order of priority for persons entitled to a grant of administration with will annexed?

Answer 10

1. the executor
2. any residuary legatee or devisee holding in trust for any other person
3. any other residuary legatee or devisee or any person entitled to share in the undisposed of residue, provided that:
   * one with vested interest is preferred to one with contingency
4. personal representative of any residuary legatee or devisee (but not one fr life, or one holding in trust for any other person), or of any person entitled to share in any residue not disposed of by the will;
5. any other legatee or devisee or any creditor of the deceased (vested preferred over contingent)
6. PR of any other legatee or devisee (but not one for life or one holding in trust) or of any creditor of the deceased.

Question 11

Does an administrator lose their right to renounce by intermeddling?

Answer 11

No. Contrast with executors.
Form PA16.