Browell Smith and Co Solicitors - Probate and Administration

Probate and Administration

What is Probate?

When a loved one dies it is necessary to deal with their Estate (this includes the money, property and possessions they owned). This involves collecting in all money, paying off all debts and distributing the remainder to those legally entitled to benefit. In order to do this in most cases a Grant of Representation is required. This is a document issued by the Probate Registry that gives a person the legal authorisation to collect in assets and deal with the Estate.

Types of Grant

There are three different types of Grant:

1. Grant of Probate

This is issued to the person(s) named as the Executor(s) in the deceased’s last Will.

2. Grant of Letters of Administration (with Will annexed)

This is issued when the deceased leaves a Will but has not named any Executors or in situations were the named Executors are unwilling or unable to take out the grant e.g. in cases were the Executors have already died, or they do not have the capacity to act.

3. Grant of Letters of Administration

This is issued when the deceased does not leave a Will or the Will is not valid.

Will I need a grant?

In some cases a Grant may not be needed for example where:

The whole of the estate passes automatically to the surviving joint owner.
The value of the estate is low.

Some banks and building societies may release sums of money without a Grant. Instead they will ask for a Statutory Declaration to be sworn in front of a Solicitor. The policies on this matter vary from bank to bank, so you should always check with the bank concerned. If you are in any doubt about whether a Grant is needed please do not hesitate to contact us.

Who can apply for a grant?

If there is a will

The Executor(s) named in the Will are the correct person(s) to apply for the Grant.
If there are no Executors named or the person(s) named are unwilling or unable to act, then any of the residuary beneficiaries may apply for the Grant.

If there is no will

The right to obtain a Grant of Letters of Administration is dictated by law. The order of priority is as follows.

Spouse / Civil partner
Children* (this includes natural and legally adopted but NOT stepchildren)
Parents
Brothers & Sisters*
Grandparents
Uncles & Aunts*

*If any of these persons have died before the deceased the right to obtain a Grant would pass on to their children.

If in any doubt as to your entitlement please contact us by clicking here, call us on our free phone number 0800 1073000 to arrange a free half hour appointment or come along to one of our weekly surgeries.

I am named as Executor but do not want to act

If you are named as an Executor in someone’s Will and are unable or unwilling to take up this role you have two options.

You can have power reserved to you. This means that the other Executor(s) are named on the Grant and would deal with the Estate, but you would have the option of taking up the appointment at a later date if this was necessary.
You can renounce your right to a Grant completely by signing a deed of renunciation. You would have no further right to act at any time.

Choosing which option is right for you can be a difficult decision. Should you wish to discuss this please contact us by clicking here, call us on our free phone number 0800 1073000 to arrange a free half hour appointment or come along to one of our weekly surgeries.

Application process

In order to apply for a Grant there are a number of documents that need to be completed and various information that needs to be obtained. We appreciate that dealing with an application for a Grant can be quite daunting for some people so we offer a sympathetic and professional service to assist you with this procedure.

At our first meeting we would ask you to provide full details of all of the deceased’s assets such as bank accounts, property and shares as well as details of any liabilities such as the funeral bill, mortgages and loans.

We would then contact all of the asset holders and creditors in order to value the deceased’s Estate at the date of death. At this stage we would asses whether there is any liability to pay inheritance tax.

Once we have all of the information regarding the estate we can prepare the necessary oath for the Administrator(s) / Executor(s) to swear. We also need to complete an Inland Revenue Account. This is needed in every case even if there is no inheritance tax to pay. The particular form that needs completing will depend on the value of the estate and who is to inherit. If inheritance tax is payable this must be paid before the Grant application can be submitted to the Probate Registry.

The oath shall then be sent to you to swear at an independent firm of solicitors and return to us.

We shall then submit the application to the Probate Registry so that they may issue the Grant.

The work involved in obtaining a Grant very much depends on the individual circumstances of the deceased and we shall tailor our services to your individual needs.

Should you require assistance please contact us by clicking here, call us on our free phone number 0800 1073000 to arrange a free half hour appointment or come along to one of our weekly surgeries.

Complex applications

The above is only a brief overview of the Grant application process and some applications will be more complicated, particularly in cases where the original Will has been lost or there are doubts as to whether the Will has been signed and witnessed correctly. In some cases the Probate Registry will request additional evidence to support the Grant application which must be provided in the form of sworn affidavits of fact.

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