A Grant of Representation is a legal document issued by the Probate Registry which proves the Will (if there is one) of a deceased person in England and Wales and confirms the legal authority of the persons who will be dealing with the estate of the deceased person (the Personal Representatives).

A Grant of Representation is needed by the Personal Representatives to sell the deceased’s property and is often also needed to deal with the closure of the deceased’s bank accounts (depending on the balance within the accounts) and to sell shares.

There are different types of Grants of Representation that will need to be obtained in different circumstances.

Grant of Probate

A Grant of Probate can only be obtained if the deceased left a Will. The Grant of Probate will confirm the Will and the names of the Executors named in the Will as the people with authority to administer the estate.

Executors named within the Will must agree to deal with the estate as they cannot be forced to do so. However, if they take initial steps to deal with the estate (such as beginning to collect monies in) and then decide that they don’t want to continue, then they may be compelled to complete the administration as they will have ‘intermeddled’.

If an Executor does not wish to act and they have not already intermeddled, then they can renounce or have power reserved to them. By choosing to renounce, the Executor gives up their right to administer the estate and will have no further involvement. However, if an Executor chooses to have power reserved to them then their name will not appear on the Grant of Representation, and they will not be actively involved in managing the estate, but they have the option to step in as an Executor at a later date, if they so wish.

Grant of Letters of Administration with Will Annexed

If the deceased left a Will but it is not possible for the named Executors to apply for a Grant of Probate i.e. because they have died, renounced or lost capacity, then a Grant of Letters of Administration with Will Annexed will be needed.

A Grant of Letters of Administration with Will Annexed might also be needed where the Will does not fully dispose of the estate and creates a partial intestacy.

Rule 20 of the Non-Contentious Probate Rules 1987 determines who is able to apply for this type of Grant and it is based around the people who are due to inherit under the terms of the deceased’s Will and what their entitlement is. Usually, it will be the person who is entitled to the residuary estate (the pot of assets that is left after all debts, funeral expenses, legacies and other specific gifts have been paid).

Grant of Letters of Administration

If the deceased did leave a valid Will or any Will at all then a Grant of Letters of Administration will be needed.

There is a special order in which people can apply set out under Rule 22 of the Non-Contentious Probate Rules 1987.

The order of priority is as follows:

• The surviving husband or wife of the deceased
• Any children of the deceased and the issue (lineal descendants) of any deceased child who died before the deceased
• Parents of the deceased
• Whole blood brothers and sisters of the deceased (or their issue if they are no longer alive)
• Half-blood brothers and sisters of the deceased (or their issue if they are no longer alive)
• Grandparents of the deceased
• Whole blood aunts and uncles of the deceased (or their issue if they are no longer alive)
• Half-blood aunts and uncles of the deceased (or their issue if they are no longer alive)
• The Treasury Solicitor on behalf of the Crown
• A creditor of the deceased

Limited and special types of Grants

There are some further types of Grant that can be applied for in certain situations:

Grant Ad Colligenda Bona

This is an urgent type of Grant that can be used in limited situations i.e. if the deceased entered a contract for the sale of a property, but died before completion, or if the deceased was a sole trader. This Grant can only be used until such a time that a full Grant can be obtained.

Grant of Letters of Administration Durante Minore Aetate

If the Will appoints Executors who are under the age of 18 at the time of applying for the Grant then this type of Grant can be obtained by the parents or legal guardians of the underage Executors. The Grant is usually limited to the period until the appointed underage Executor reaches 18.

Cessate Grant

A Cessate Grant can be used for a limited period, usually where a previous limited Grant has expired. For example, if a Grant of Letters of Administration Durante Minore Aetate was used but the minor has now reached the age of 18 and is therefore able to act themselves.

Grant De Bonis Non Administratis

This Grant can be obtained if the sole (or last surviving) Executor or Administrator had begun to act, but later died, or became mentally incapable before the administration of the estate had completed. This Grant allows another party to complete the administration of the estate in their place.

Grant Pendente Lite

This is an interim Grant that can be used for a limited time when a Will is being disputed. It is usually granted to an independent third party such as an accountant or solicitor whilst the dispute is settled.

If you need assistance with obtaining a Grant of Representation or if you have any questions, please do not hesitate to contact me on 01283 214 231 or via email at s.wildsmith@timms-law.com.