Client Guide to Probate Matters

1. What is a Grant of Representation?
   
   A Grant of Representation is an order issued by one of the Probate Registries of the High Court, (we tend to use Ipswich) which confirms or confers the authority of the “personal representatives”, i.e. the executors or the administrators, to administer the estate of the deceased person. There are two types of Grant of Representation:
   
   (a) A Grant of Probate.
   This is issued to one or more of the executors named in the Will to deal with the estate. It confirms or “proves” the authority of the executors appointed by the Will.
   
   (b) A Grant of Letters of Administration.
   This is issued when the deceased died without leaving a Will (which is known as dying “intestate”). The persons who obtain a Grant of Letters of Administration are known as administrators and must establish their entitlement to apply for a Grant.
   
   The duty of the personal representatives is to administer the estate. This includes collecting all the assets, settling all the liabilities, exercising any available powers and discretion’s and then distributing the rest of the estate in accordance with the terms of the Will or the rules of intestacy.
   
   It is normally not possible to collect assets (apart from joint accounts which pass automatically to the survivor) or to pay liabilities of the estate out of the assets of the estate until the Grant of Representation has been obtained. However, it is possible to pay any funeral expenses with the agreement of the Bank.
   
   
2. What is needed to obtain a Grant of Representation?
   
   The personal representatives must swear an Affidavit for the Court. The executors must say that they are the executors appointed by the Will.
   
   The administrators must establish their entitlement to take out a Grant.
   
   In both cases, the personal representatives must state the value of the gross and net estate of the person who has died, and they must swear that they will ensure that his or her property will be distributed in accordance with the law and with the Will if there is one.
   
   The property and assets will include any house, car, furniture, savings, investments, life insurance policies, personal possessions, jewellery and anything capable of being valued and of being transferred from one person to another. The liabilities may include a mortgage, outstanding bills, etc. and will also include the funeral expenses.
   
   The personal representatives – or a solicitor instructed by them – will therefore need to contact all institutions with whom the deceased held assets or liabilities in order to obtain valuations of the same before they can make the application for the Grant.
   
   They should also contact the deceased’s tax office in order to finalise the income tax affairs for the period prior to the death.
   
   
3. How is a grant obtained?
   
   An oath for executors or an oath for administrators must be lodged at one of the local Probate Registries of the High Court. If the application is not being made via a solicitor it will also be necessary for the personal representatives to attend at the Probate Registry for meeting with a Court Officer.
   
   Regardless of the size of the estate prior to obtaining the Grant of Representation it will be necessary to complete an Inland Revenue account detailing the assets and liabilities within the estate. The size of the estate will determine which forms must be completed.
   
   Once the Probate Registry accept the papers, they will either issue a Grant of Probate or a Grant of Letters of Administration.
   
   The Grant is the document which allows the executors or administrators to administer the estate.
   
   After the Grant has been registered, it will be possible for investments to be cashed or transferred and likewise any property can be sold or transferred to the beneficiaries.
   
   
4. The Final Winding Up
   
   There comes a point at which all the assets will have been collected and the liabilities discharged. The balance of the estate will then be ascertained and can be distributed or held in trust for the beneficiaries under the terms of the Will or intestacy if there is no Will.
   
   If the estate or its administration is complex, then it may be possible for the personal representatives to make interim distributions to beneficiaries before the final winding up.
   
   If assets are to be held in trust under the terms of the Will or intestacy – eg. because someone has been granted a right to live in a property, or one or more of the beneficiaries are below the age at which they are to inherit – then the trustees will have ongoing duties and obligations until the trust comes to an end. This may mean that they have to invest monies, complete tax returns etc.
   
   It should also be noted that the personal representatives may have to deal with disputes between the various beneficiaries or with the claims of any person who feels they have unjustly been excluded from benefit under the estate.
   
   Palmers can be appointed as executors under the Will if required. This may be advisable if your financial or personal affairs are complex or where you know there may well be a dispute in the event of your death. Our costs for acting as executors would vary according to the amount of work we were required to undertake in finalising the administration of the estate but we should be in a position to provide you with an accurate estimate of our likely costs upon assessing the size and nature of the estate..
   
   Palmers can also act on behalf of the personal representatives assisting them with all or any part of the administration. At the current time we offer a fixed fee service where we are simply asked to assist in obtaining the Grant of Representation. For other assistance the basis on which our costs are to be charged will be agreed with the personal representatives at the outset and we are normally able to provide an accurate estimate of the total costs at an early stage.