Probate and Estate Administration: Grant of Representation

When an individual dies, there will often be assets that need to be dealt with, for example, a property, shareholding or bank account. Some assets can be dealt with without a Grant of Representation but others, particularly valuable assets, require a Grant of Representation.

If there is a bank account with a small sum of money in it, it is unlikely that you would need a Grant of Representation to close it but the Personal Representative(s) or Executor(s) may need to sign an indemnity or a declaration of some sort. For large sums of money in an account, banks usually require a Grant of Representation and if there is a property to be sold, a Grant of Representation would also be required. Where property is concerned, there are circumstances where a Grant of Representation would not be required. For example, when the property is owned jointly as joint tenants (as opposed to tenants in common), the deceased’s share automatically passes to the surviving joint tenant(s). Of course, there is a separate Land Registry procedure to follow in these circumstances.

There are three different Grants of Representation and the one that is applied for will depend on the particular circumstances. An application for a Grant of Representation however is always made to the Probate Registry. The three different Grants are as follows:-

• Grant of Probate

1. A Grant of Probate is perhaps the Grant that people are most familiar with and this is what the Executor(s), would apply for if the deceased made a Will and the Executor(s) in that Will is/are willing and able to act.

• Grant of Letters of Administration with Will Annexed  

2. A Grant of Letters of Administration with Will Annexed is what the Personal Representative(s) would apply for if the deceased made a Will, but the Executors appointed in that Will are unable to take up Executorship for whatever reason.

• Grant of Letters of Administration

3. A Grant of Letters of Administration is the Grant which the Personal Representative(s) would apply for if the deceased died intestate. Intestate means to die without having made a Will.

In order to apply for a Grant of Representation there are several steps that the Personal Representative(s) or Executor(s) must take which includes swearing an Oath and completing an inheritance tax return. Emery Johnson Astills acknowledge the fact that dealing with a loved one’s estate after they die can be a difficult task, especially if you have not had experience in doing so or the estate is particularly complicated.

At Emery Johnson Astills, we have a specialist Probate Department who can guide you through the Estate Administration process regardless of whether or not the deceased made a Will. If you need advice regarding a Probate matter, please do not hesitate to contact Emery Johnson Astills at either our Leicester Office on 0116 2554855 or our Loughborough Office on 01509 610 312.