What is a Standing Search?

The Probate Service and Grants of Representation

The Probate Service is part of the Courts and Tribunals of England and Wales and issues Grants of Representation in relation to the estates of deceased people. Grants of Representation effectively prove that the person(s) to whom the Grant has been issued has the authority to deal with the deceased’s estate. The term ‘Grant of Representation’ is an umbrella term to describe different categories of Grant depending on the circumstances of a particular estate. Where a deceased person left a valid will, the Grant is known as a ‘Grant of Probate’. Where there is no will, the Grant is known as a ‘Grant of Letters of Administration.’ In some circumstances, a ‘Grant of Letters of Administration with Will annexed’ will be issued and this happens where a deceased person left a will but the executors named in it are either unwilling or unable to take out a Grant of Probate. 

The Non-Contentious Probate Rules 1987

The Non-Contentious Probate Rules 1987 govern the business of the Probate Service. As the name suggests, the Non-Contentious Probate Rules are relevant to circumstances in which there are no live proceedings about an estate dispute. Having said that, the Non-Contentious Probate Rules contain some provisions relating to steps that a person may wish to take when considering the possibility of a claim in respect of an estate.

The Standing Search

Rule 43 of the Non-Contentious Probate Rules provides a formal mechanism by which a person can find out if a Grant of Representation has been issued in relation to a particular estate. The rules are available online for detailed consideration but in essence rule 43 states that any person who wishes to be notified of the issue of a Grant may enter what is known as a Standing Search by lodging the appropriate form at a Probate Registry or Sub-Registry on payment of the prescribed fee which is currently set at £3.

An effective Standing Search will result in the applicant being given notice of, and copies of, any Grant which has issued in the 12 months leading up to the Standing Search being made or any Grants which are issued up to six months after the date of the Standing Search.

How to request a Standing Search

The form as referred to in Rule 43 can be found within the Non-Contentious Probate Rules, Schedule One. However, the online HMCTS guidance contains a link to form PA1S which can be downloaded, completed and returned to The Postal Copies and Searches Department at Leeds District Registry in circumstances where the deceased died in the last 6 months. The fee in this regard is also £3.

Why carry out a Standing Search?

It may be that a person thinks that they might be a beneficiary of a deceased’s estate and that the executor, or the person who is thought to be the executor, is not sharing information. On the other hand, it may be that a person thinks they might have a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). In both of those circumstances, one of the first things that should be considered is whether a Grant of Representation has already been issued in respect of the estate. 

Where the Grant of Representation is a Grant of Probate or Letters of Administration with Will annexed, the copy Grant will also carry a copy of the Will. Irrespective of the type of Grant, it will contain the deceased’s name, their date of death, the names of the person or people that are dealing with the estate and also the gross and net values of the estate.

Points to Note

Any application for a Grant of Representation should reflect the deceased’s details as recorded in the Register of Deaths and it follows that an application for a Standing Search must also contain the same details otherwise the search may not produce a match.

Where there is an urgent need to know whether a Grant has issued, it is possible to search the Register of Grants online and if a Grant is revealed, it can be ordered electronically for a fee of £1.50. The benefit of a Standing Search is that where a Grant has not yet issued, the applicant will be automatically informed should a Grant issue whilst the Standing Search is active.

It is possible to extend a Standing Search by submitting a request and payment of a further fee in the last month of the initial six-month period.

In respect of a claim for financial provision under the Act the six month time limit for bringing a claim will run from the date of the Grant of Representation. It is important to be pro-active in obtaining a copy of any Grant and taking specialist legal advice at an early stage.