Modernising the Grant of Probate
What is a Grant of Probate?
A Grant of Probate is the legal document needed to deal with a deceased’s estate. If a person has died without leaving a Will, then a Grant of Letters of Administration needs to be obtained. These different types of Grant are collectively known as a Grant of Representation.
The Probate Registry (Court) issue the Grant of Representation which will then enable the Executors (where there is a Will) or the Administrators (where there is no Will) to close the bank accounts, sell a property etc. and distribute according to the deceased’s Will or the Intestacy Rules if there isn’t one.
What does the Grant of Representation look like?
A Grant of Representation is a single page document (usually cream in colour) which will have the Will attached, if there is one. The Grant of Representation confirms who the deceased is, who the people entitled to administer the estate are and the value of the estate. The Grant of Representation has an embossed seal in the bottom right hand corner which is an indentation in the paper made using a special stamp by the Court.
How is the Grant of Representation changing?
It will come as no surprise that the Court is finding itself in a position where it needs to modernise its practices to protect itself, and the public, from those intent on becoming involved in fraudulent activities.
Therefore, from the 4th March 2019 the Court began using a new style Grant of Representation, which has been designed to include counter-fraud measures.
The new style Grant of Representation will now include the following:
- A high security hologram on the bottom righthand corner
- A digital seal rather than the embossed seal
- A digital signature instead of a wet signature
- A validation telephone number for stakeholders
These new style Grant of Representation documents will be issued both online and via the paper applications.
Grants of Representation that have already been issued in the ‘old style’ will continue to be valid.
Do I need a Grant of Representation?
A Grant of Probate is almost always needed when the person who died leaves one or more of the following:
- £5,000 or more
- Stocks or shares
- Certain insurance policies
- Property or land held in their sole name, or as ‘Tenants in Common’
You may not need a Grant of Representation if the deceased:
- Left less than £5,000
- Owned everything (land, bank accounts) jointly with someone else, such as their spouse or civil partner, and everything passes automatically to the surviving joint owner
However, if you do find that you need to apply for a Grant of Representation then we would be happy to help guide you through the process and/or make the application for you. Please contact me on 01530 564498 or via email at c.day@timms-law.com