Do I Need A Grant Of Probate?
‘What Is Grant Of Probate and Do I Need One?’ Wills & Probate Solicitor, Charlotte Day, discusses in her latest blog…
What Is A Grant Of Probate?
When a person dies leaving a valid Will, a Grant of Probate may need to be obtained to prove (confirm) the Will and to enable the Executors to administer their estate.
If a person dies without leaving a valid Will, then a Grant of Letters of Administration may be needed to allow the Personal Representative to administer their estate.
Despite the difference in name, these documents do broadly the same thing and are collectively referred to as ‘Grants of Representation’.
Do I Need A Grant Of Representation?
Whether you need a Grant of Representation or not depends on the assets that are in the estate. Grants of Representation are more likely to be needed where there are assets such as a property, shares and bank accounts with fairly substantial balances.
When Else Might I Need Grant Of Representation?
Although you might be able to collect in the assets without the Grant of Representation there may be other reasons for applying for the Grant of Representation; such as to confirm your authority as a Personal Representative or to start the clock ticking on the time period during which a claim can be made against the deceased’s estate.
How Do I Apply For A Grant Of Representation?
A Grant of Representation is issued by the Probate Registry and is a legal document.
In order to apply for the Grant of Representation the Executor or Personal Representative needs to provide the Probate Registry with an application setting out the value of the deceased’s estate as at their date of death.
If there is any inheritance tax to pay in the estate, then this will need to be paid before the Grant of Representation is issued.
This part of the administration of an estate can quickly become complicated, so it is important to seek advice at an early stage to ensure that you have included the correct information in the application and that the tax (if any) has been correctly calculated within the time periods set by HMRC.
If the information gathered at this stage is wrong, or if the incorrect inheritance allowances have been claimed, or even not claimed at all, then there could be delays and financial penalties later.
If you would like any advice in relation to applying for a Grant of Probate or Letters of Administration, please do not hesitate to contact me on 01283 214 231 or via email at c.day@timms-law.com
September 2023