Grants of Representation PDF

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Grants of Representation Statements of Truth Verifies applications for probate without the will needing to be signed by the applicant. The statement is sent to the Probate Registry with any will, the IHT account and appropriate fees. The statement must include the gross value and net value of the property passing under the grant – the net figure being the basis for the probate fees. Category 1 estates need only state that the gross value does not exceed the NRB. Regarding the net value, round up to the nearest whole thousand and state that the true value does not exceed that figure. For Category 2 ‘exempt’ estates, an IHT account is not needed but exact gross/net figures are. Statement by executors Executors are appointed by a valid wall, take a grant of probate and may act alone. Appointment of executors is not affected by the fact a will does not deal with an entire estate. Capacity i. ii.

Minors can be named in will but cannot act as executor. Power reserved can be given meaning double probate can be granted on attaining age of 18. Appointment of a former spouse fails unless otherwise provided for – s 18A.

Renunciation i. ii.

Those appointed can renounce their right to take grant (if there’s no intermeddling) Must be in writing; signed by those renouncing; must be filed at Probate Registry

Power reserved i. Probate will be granted to a maximum of four executors over the same property ii. Executors can grant executors over specific property; further execs over the rest Statement by administrators with will annexed Where there is a valid will but no executor willing and able to apply for a grant of probate. This is the correct application even where the will does not cover the entirety of the estate. Order of priority, Non-contentious Probate Rules 1987, r 20 – see page 400 i. ii. iii. iv. v. vi.

Executor – if appointed, willing and able then they have first right to a grant Any residuary or legatee holding on trust will have the next right to a grant Any other residuary legatee or devisee… (must clear off those above) … or any person entitled to share in the residue undisposed, in the case of partial intestacy The PR of a deceased residuary legatee or devisee, where the residuary beneficiary survives the testator to take a vested interest but dies without grant Any other legatee or devisee, such as pecuniary legatees, or creditors PR of any other legatee or devisee which works the same as iv above

Clearing off – lower applicants must explain why there is no applicant of higher authority. Minors cannot act until the age of 18; parents/guardians can apply ‘for his use and benefit’. Grant will be issued to up to four administrators over the same property (SCA 1981, s 14). Two administrators are required where there is a life interest or property passes to a minor. Administrators with will annexed have same rights to renounce as executors.

Statements of truth by administrators (of a totally intestate estate) Those entitled to act are set out at r 22, NCPR 1987: i. Surviving spouse or civil partner ii. Children of the deceased and issue of any deceased child iii. Father and mother of the deceased iv. Brothers and sisters of the whole blood and their issue v. Brothers and sisters of the half blood and their issue vi. Grandparents vii. Uncles and aunts of the whole blood and their issue viii. Uncles and aunts of the half blood and their issue ix. Treasury solicitor is claiming bona vacantia on behalf of the Crown x. A grant may be made to a creditor if all persons entitled have been cleared off. Any applicant must have a beneficial interest in the estate by virtue of the intestacy rules. The other rules on administrators with will annexed apply equally to administrators of a totally intestate estate. Effect of a Grant Grant of probate confirms the authority of the executors and acts as conclusive evidence. Grants of administration confer authority on the administrator and vests the property in them. Limited Grants May be limited as to a specified part of the deceased’s property (where particular property requires expert executors); limited to settled land; and limited to a special purpose (such as grant on behalf of a minor’s use or benefit). Chain of Representation and Grant de Bonis Non Administratis If one PR dies after receiving grant leaving multiple PRs, the surviving PRs continue to act. Where a PR’s death leaves a sole PR, the court may exercise its power to appoint another. If a person entitled to a grant dies without taking it, the rights concerning it dies with them. An executor cannot assign his office to another. Under s 7 AEA 1925, the ‘chain of representation’ automatically passes the office to someone else where an executor with a grant of probate dies before completing administration and appoints his own executor. Under s 7, an executor by representation has the same rights as if the original executor; and, to the extent to which the estate has come into his hands, answerable as if the original. If the chain is broken, or there is no such chain, a grant de bonis non must be sought – where the sole or sole surviving PR has died after obtaining a grant but without completing administration and relates only to the unadministered parts of the estate. There must have been a prior grant to a PR who has now died; and the chain of representation must not apply. Caveats, NCPR 1987, r 44 – used to prevent issue of a grant of representation Citation, NCPR, 1987, r 46 – where those entitled to apply for a grant refuse to do so and refuse to renounce. i. iii.

A citation to take probate can be used where an executor has intermeddled but has not applied for a grant, it can be passed over to persons entitled under r 20. Citation to accept or refuse a grant can be used to clear off a person who refuses to renounce and shows no intention of applying for a grant....