Topic 6 - Application for a grant

Question 1

What is the primary responsibility of a personal representative (PR) in estate administration?

Answer 1

To distribute the assets of the deceased’s estate

Question 2

Who typically registers a death?

Answer 2

Usually the family members

Question 3

What must be done before a funeral can take place?

Answer 3

The death must be registered

Question 4

What is the purpose of obtaining official copies of the death certificate?

Answer 4

To send to institutions where the deceased held assets

Question 5

Is there a legal obligation to follow the funeral wishes set out in a will?

Answer 5

No, there is a moral obligation

Question 6

What type of expenses are funeral costs considered in estate administration?

Answer 6

Post-death administration expenses

Question 7

What should PRs do to secure the estate assets?

Answer 7

Take steps to preserve the value of the estate

Question 8

What must PRs locate at the start of the administration process?

Answer 8

The original will and any codicils

Question 9

What happens if a will cannot be located?

Answer 9

PRs must investigate whether it was revoked or is merely lost

Question 10

What is the significance of the grant of probate?

Answer 10

It allows executors appointed in a will to act

Question 11

What happens if an executor pre-deceased the testator?

Answer 11

The executor’s appointment may be replaced by a substitute executor

Question 12

What is the maximum number of executors that can be named on a grant?

Answer 12

Four executors

Question 13

What should PRs compile to manage the distribution of assets?

Answer 13

An accurate list of the deceased’s assets and liabilities

Question 14

True or False: PRs can rely solely on their own knowledge to compile the estate’s assets.

Answer 14

False

Question 15

Fill in the blank: The value of lifetime transfers made in the _____ years before death impacts the IHT due.

Answer 15

7

Question 16

What type of grant is needed if the deceased left a valid will?

Answer 16

Grant of Probate

Question 17

What should PRs do if they suspect there are unknown creditors?

Answer 17

Follow a notice procedure to locate possible creditors

Question 18

What is the importance of a schedule of assets and liabilities?

Answer 18

It is necessary for calculating IHT and obtaining the grant

Question 19

What happens if the deceased’s debts exceed the value of the estate?

Answer 19

The estate may be insolvent

Question 20

What must PRs do with joint accounts of the deceased?

Answer 20

Establish the proportion of the account owned by the deceased

Question 21

What should be done if there are multiple executors and one cannot apply for the grant?

Answer 21

Remaining executors can continue with the application

Question 22

What is the effect of s.18A/C Wills Act 1837 on former spouses?

Answer 22

They are treated as having pre-deceased the testator and cannot act as PR

Question 23

What occurs if the last surviving PR dies before the administration is complete?

Answer 23

Chain of representation applies or a grant of letters of administration de bonis non is issued

Question 24

What is the purpose of notifying HMRC and other organizations of the death?

Answer 24

To manage the deceased’s assets and obligations

Question 25

What is a codicil?

Answer 25

An amendment or addition to a will

Question 26

What happens if a valid will has been lost?

Answer 26

Appropriate steps must be taken to reconstruct it

Question 27

What is a PR's duty regarding the value of the estate?

Answer 27

To preserve the value and account for loss or damage

Question 28

What applies when the last surviving executor dies and appoints another executor?

Answer 28

The chain of representation applies ## Footnote This allows the new executor to automatically become executor of the original testator's estate.

Question 29

What is the grant of letters of administration de bonis non issued for?

Answer 29

It is issued when the chain of representation cannot operate ## Footnote This occurs when the administration is incomplete, there are no remaining personal representatives, and there has been a previous grant of representation.

Question 30

What are the three requirements for issuing a grant of letters of administration de bonis non?

Answer 30

* The administration is incomplete * There are no remaining personal representatives * There has been a previous grant of representation

Question 31

Who administers the estate if the sole executor dies before completing the administration?

Answer 31

The executor appointed by the deceased executor can administer the estate ## Footnote This is based on the completed chain of representation.

Question 32

What is the difference between an executor and an administrator?

Answer 32

An executor is appointed by will, while an administrator is appointed under the Non-Contentious Probate Rules 1987 (NCPR) ## Footnote Their authority to act derives from the grant.

Question 33

What is the appropriate grant when the deceased left a valid will but no executors can act?

Answer 33

Letters of Administration (with will) ## Footnote This applies even if the will results in full or partial intestacy.

Question 34

According to NCPR 20, what is the order of entitlement to apply for a grant of letters of administration (with will)?

Answer 34

* Executor * Trustee of the residuary estate * Residuary beneficiary * PRs of anyone in (c) * Any other beneficiary or creditor * PRs of anyone in (e)

Question 35

What must applicants do if someone with a better right to apply is not applying?

Answer 35

They must explain why that person is not doing so, known as 'clearing off' ## Footnote This is required for those with a better entitlement but not for those in the same category.

Question 36

What is the order of entitlement to apply for a grant of letters of administration where the deceased died intestate according to NCPR 22?

Answer 36

* Surviving spouse or civil partner * Children of the deceased * Father and mother * Whole blood siblings * Half-blood siblings * Grandparents * Uncles/aunts of whole blood * Uncles/aunts of half blood

Question 37

Under what circumstances can the Crown apply for a grant of letters of administration?

Answer 37

If there is no one who can apply from categories (a) to (h) ## Footnote The Crown claims bona vacantia in this case.

Question 38

What is the maximum number of applicants that may apply for a grant?

Answer 38

Four applicants ## Footnote This applies to both letters of administration (with will) and letters of administration.

Question 39

What happens if an executor is unable to act?

Answer 39

The remaining executor(s) can apply for the grant of probate ## Footnote They need to explain why the other appointed executors are not applying.

Question 40

What is renunciation in the context of an executor?

Answer 40

It is the formal giving up of the right to apply for probate ## Footnote Renunciation is final and cannot be retracted without court approval.

Question 41

What constitutes intermeddling by an executor?

Answer 41

Taking steps that indicate acceptance of their appointment and fulfilling the duty to administer the estate ## Footnote Examples include obtaining or holding the deceased's assets.

Question 42

What grant is needed when a testator dies with a valid will appointing executors, but one executor is unwilling to act?

Answer 42

A grant of probate is needed ## Footnote The willing executors will apply while the unwilling executor can renounce.

Question 43

Fill in the blank: A grant of letters of administration is required when the deceased _____ without a valid will.

Answer 43

Died intestate

Question 44

True or False: An executor can renounce their position after they have intermeddled with the estate.

Answer 44

False

Question 45

What is the effect of a surviving spouse on the ability to apply for a grant of letters of administration?

Answer 45

The surviving spouse has the best right to apply ## Footnote They must wait at least 28 days after the deceased's death to apply.

Question 46

What is an act of common humanity that does not amount to intermeddling?

Answer 46

Arranging the funeral is an act of common humanity.

Question 47

What must be present for an executor to reserve power?

Answer 47

At least one other executor must take out the grant of probate.

Question 48

What is the purpose of reserving power?

Answer 48

To retain the option to apply for probate later.

Question 49

What is required if power is reserved to an executor?

Answer 49

The executor(s) applying for probate must give notice of their intention to apply.

Question 50

What happens if all executors are unable or unwilling to act?

Answer 50

A grant of letters of administration (with will) would be appropriate.

Question 51

What must happen if a potential administrator does not wish to act?

Answer 51

They may formally give up their right to apply for the grant.

Question 52

What is renunciation?

Answer 52

Formal giving up of the right to apply for the grant.

Question 53

What must be submitted with the application for the grant in case of renunciation?

Answer 53

A form of renunciation must be signed and submitted.

Question 54

What is the maximum duration an attorney can be appointed to act on behalf of an executor?

Answer 54

12 months, with the possibility of renewal.

Question 55

What must be provided to the probate registry as part of the application for an attorney?

Answer 55

The power of attorney.

Question 56

What is the citation process used for?

Answer 56

To require a person to take out a grant, remove their right to apply, or authorize another person to take on the administration.

Question 57

What should a PR do if they decide not to act?

Answer 57

Take formal steps to give up their right to apply.

Question 58

What happens if a potential administrator intermeddles with the estate?

Answer 58

They are not prevented from renouncing even if they have intermeddled.

Question 59

What is needed for an executor to apply for a grant of double probate?

Answer 59

The administration must not yet be complete.

Question 60

What is a situation where an administrator cannot act?

Answer 60

If they pre-deceased the testator.

Question 61

What happens if an executor intermeddles in the estate?

Answer 61

They are unable to renounce.