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What is a Grant of Representation?

Posted by Nigel Merchant

A Grant of Representation is a legal document obtained from the Probate Registry in England and Wales. It gives a person(s) the authority to administer the estate and assets of someone who has passed away. Whoever is named on the document is usually someone who was close to and trusted by the person who has died, as it proves they have been entrusted with the responsibility to handle the deceased person’s affairs.

There are two main types of Grants of Representation that can be issued. These are:

Grant of Probate

A Grant of Probate is a legal document issued when the deceased person left a valid Will. It can be used to access bank accounts, sell assets such as property, and settle debts.

Grant of Letters of Administration

A Grant of Letters of Administration is a legal document issued when the deceased person died intestate. This means that they died without leaving a valid Will.

The Executor or Administrator of the estate is responsible for applying for the appropriate Grant, dependent on whether the deceased person has left a Will or not. Understanding the basics of a Grant of Representation is important, as it lays the foundation for the estate administration process to begin. 

 

What is estate administration? 

Estate administration is the process of dealing with all of a deceased person's assets, debts, and taxes, before distributing any inheritance to the beneficiaries. An estate consists of all assets the person who has passed away left behind. This could include possessions, property, money, savings, investments, pensions, and anything else they owned, minus debts and taxes.

 

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How to obtain a Grant of Representation

Before either type of Grant can be obtained, the death needs to be registered. Then, the Executor or Administrator (also known as the Personal Representative), can begin creating a list of their assets and liabilities. This may include valuing any properties the deceased owned or any gifts they made whilst they were living. Once a comprehensive inventory of their assets has been created, the Personal Representative can apply for Inheritance Tax (if it is needed).

Obtaining a Grant of Representation in the United Kingdom typically involves these steps:

1. Identifying the type of Grant needed

The first step of the estate administration process is usually identifying which type of Grant is relevant to the situation. If the person who has died left a valid Will, a Grant of Probate will be needed. However, if they died without leaving a Will, a Grant of Letters of Administration will be needed.

2. Gathering the necessary documents

This includes a death certificate, the original Will (if it exists), and any other relevant documents such as property deeds and bank statements.

3. Completing the necessary forms

The forms required will depend on the type of Grant that is needed. Once this has been identified, the forms can be obtained from the Probate Registry and completed.

4. Paying the relevant fees

Applying for a Grant of Representation involves paying the relevant fees, dependent on the size of the estate. If the estate is valued at £5,000 or more, the application fee is £300. However, if the estate is valued at less than £5,000, there is no fee. Funding is available for those on low incomes or certain state benefits.

5. Submitting the forms and documents

Once the forms have been completed, they need to be submitted alongside the necessary documents to the Probate Registry.

6. Obtaining probate insurance

This is an optional step; however, it protects the Executor(s) from any claims that may arise from the administration of the estate after the Grant of Probate is issued.

It is important to note that the process of obtaining a Grant of Representation can be complex and time-consuming, and it may be beneficial to seek the assistance of a professional. Some people choose to instruct a probate Solicitor or another provider that can help with the paperwork, advise on the legal requirements, and represent you in court if needed. 

 

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Is a Grant of Representation the same as probate? 

If you are unfamiliar with the process of obtaining a Grant of Representation, you might wonder if a Grant of Representation is the same as probate. 

The important difference is that a Grant of Probate is issued to the Executor named in the Will, whereas a Grant of Letters of Administration is issued when the deceased did not have a valid Will. 

Other than this, the two documents work in a similar way, in that they both give the named person legal authority to administer the estate. 

 

Do you always need a Grant of Representation? 

Not always  a Grant of Representation is only needed if the deceased person's estate includes assets that cannot be easily transferred without one. 

For example, if the deceased person owned property or had money in a bank account that is only in their name, a Grant of Representation will be needed in order to transfer property ownership or access the funds. However, if the person's estate is small or if all assets are jointly owned, a Grant of Representation may not be required. For example, if the deceased person's only asset was a jointly owned bank account, the surviving joint owner would be able to access the funds without a Grant of Representation. 

It's also important to mention that even if a Grant of Representation is not strictly necessary to deal with certain assets, some financial institutions will have their own thresholds and may require one before they will release funds, so it's always worth checking with the relevant parties. 

If assets can be managed without a Grant of Representation (e.g. a bank account is below the institution’s threshold) then a Small Estates Declaration document can be provided to confirm that a Grant is not necessary. 

 

What is an Executor of a Will? 

An Executor is a person named in a Will who is responsible for carrying out the instructions and wishes of the person who wrote the Will (the Testator). The role of an Executor typically involves: 

  • Collecting and managing the assets of the deceased person- this includes assets such as property and life insurance. 
  • Paying any outstanding debts and taxes. 
  • Filing any necessary legal documents, such as the Grant of Representation, to gain access to the deceased person's assets.
  • Identifying and locating the beneficiaries named in the Will. 
  • Distributing the assets of the estate to the beneficiaries according to the terms of the Will. 

The role of an Executor can be complex and time-consuming, and it is important that the person named as Executor is willing and able to take on the responsibilities. If the person named as Executor is unwilling or unable to fulfil their duties, the court may appoint someone else or a professional estate administration provider can be instructed. 

  

How long does it take to get a Grant of Representation? 

The length of time it takes to obtain a Grant of Representation can vary, depending on a number of factors, such as the complexity of the estate, the number of beneficiaries, and how quickly the necessary forms and documents are submitted to the Probate Registry. 

On average, the process of obtaining a Grant of Representation can take up to sixteen weeks, but it can take longer if there are disputes to be resolved. Examples of such complications include a contested Will or if there are multiple beneficiaries. Instances such as these can lead to the process taking several months. Additionally, HMCTS backlogs can lead to a delay in obtaining the Grant. 

It's important to keep in mind that the Grant of Representation is only one step in the estate administration process and it is just the beginning. After that, there are other steps to be taken such as paying off any debts, dealing with taxes, and distributing the remaining assets to the beneficiaries, which can take additional time. 

  

Should you use a probate provider to help gain a Grant of Representation? 

It depends on your specific situation and needs. A probate provider can help you navigate the legal process of gaining a Grant of Representation and assist with the paperwork, but they will charge a fee for their services.

You may feel you can handle the process yourself, but it is still beneficial to speak to a professional so that they can provide you with an overview of the work involved – many people are surprised by the amount of time and effort that goes into this process once they get started. It's always a good idea to do your own research and obtain quotes from multiple providers before making any decisions. Learn more about our pricing and services.

 

GET A FIXED FEE QUOTE FOR A GRANT OF REPRESENTATION

 

Kings Court Trust is a probate and estate administration provider that offers award-winning solutions to support every family.

Whether you need a hand obtaining the Grant of Representation, completing the complicated tax and legal work, or anything in between, you’re in safe hands with our team of specialists.

If you have any questions about the estate administration process, including applying for the Grant of Representation, call our Client Services Team on 0300 303 9000 or fill in the form below.

 

 

Author: Nigel Merchant

Nigel Merchant is a Technical Manager at Kings Court Trust, where he has worked for over 17 years. Nigel has conducted over 2,000 family meetings and built up a huge amount of technical knowledge to share with partners and clients. Nigel has a calm and empathetic delivery which helps to achieve the business’ purpose of helping families to move on. Previously, Nigel worked at HSBC bank for over 25 years in the branch network, lastly as a Branch Manager and Personal Banking Manager, highlighting that customer service is a key driver for Nigel.

Topics: Grant of Probate, Probate, Grant of Representation