A grant of representation (‘Grant’) is a legal document which gives one or more people the right to administer (deal with) a person’s estate, after they die.
Administering the estate might include selling a property, closing bank accounts, paying bills and distributing assets to the beneficiaries.
A Grant is often referred to as Probate. However, there are several types of Grants.
- If a person dies leaving a will, the executors (named in that will) can apply for a Grant of Probate.
- If a person dies leaving no will, specific people can apply for a Grant of Letters of Administration.
It is not always necessary to apply for a Grant. Some estates can be administered without applying for a Grant, though these are generally small estates or estates which comprise only jointly held assets which pass to a surviving spouse. To determine whether a Grant is needed, it is necessary to look at the assets of the estate at the date of death. A common misconception is that a Grant will not be needed because someone has left a will — this is not the deciding factor.
If the deceased person owned a property and/or shares or investments, it will always be necessary to obtain a Grant in order to administer their estate.
So, how do you apply for a Grant of Representation?
The appropriate person first needs to gather details of all (worldwide) assets and liabilities of the deceased person’s estate as at the date of their death. It may be necessary to compete an inheritance tax account for HM Revenue and Customs, even if no tax is payable. Then there will be an application to the Probate Registry (Court).
If the application is approved by the Court, the applicant will then be issued with a court order, a Grant. This document, the Grant, will allow the person named on the Grant to close the deceased person’s bank accounts, sell any properties and deal with any other assets of the estate.
What is the current court process and how long does it take?
In 2020, the Court introduced an online probate application service. Prior to the creation of the online service, all applications had to be submitted to the Court by post.
The Court is working hard to streamline the application process. Now, many applications can be submitted online but more complex applications must still be posted to the Court. Complex applications include those where the person left no will or, for example, where the executors named in the will have died and someone else must make the application instead.
Most online applications are now being processed within weeks of their submission. However, postal applications are currently taking several months to process.
Who can help?
Navigating the Grant application process can be confusing at an already difficult time emotionally. If you are in any doubt, you may find it helpful to instruct a specialist solicitor to guide you through the process. This could ultimately save the estate much time and expense. The Weightmans team have a wealth of experience in supporting grieving families and navigating the process to reduce the burden on you.
If you would find it helpful to discuss the probate application process or making a will (to smooth the process for your loved ones) feel free to contact Louise Miller and her team at Weightmans.
For more information contact one of our private wealth solicitors.
