What Is A Grant Of Representation?

A Grant of Representation is a legal document that provides a person (or group of people) the legal authority to administer a deceased person’s estate. There are different types of Grants of Representation, including a Grant of Probate and a Grant of Letters of Administration.

Grant of Representation explained

When someone dies, it may be necessary to apply for a Grant of Representation. This gives the applicant the power to access the deceased person’s assets and distribute them to their beneficiaries.

There are different types of Grant of Representation, with the two most common being:

1. A Grant of Probate, which means there is a Will with an Executor appointed
2. A Grant of Letters of Administration, which means there is no Will

A Grant of Representation also covers other types of application which may arise in more unusual circumstances, such as:

• A Grant of Letters of Administration with Will annexed – this is where the application has been made not by the named Executor, but by one of the residuary beneficiaries;
• A Grant of Administration de Bonis Non – this is an application where there was an active administration under a previous Grant, but the last surviving personal representative has died without completing the administration and somebody has to step in; and
• A Grant of Double Probate – this is where an initial Grant was issued to some of the Executors with one of them stepping back, but that person now wishes to take an active role and join in.

How to get a Grant of Representation

To get a Grant of Representation, you’ll have to make an application to the probate court. Once it’s been issued, you’ll be allowed to deal with the deceased’s estate. Banks will release the deceased’s funds and shares can be sold. You can make the application yourself, or you can ask a probate solicitor to help you.

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Do I need to apply for a Grant of Representation?

A Grant of Representation is not required every time a person dies. Some assets automatically pass to other people without the need for a Grant. Other assets, such as life insurance policies and death in service benefits, are paid outside of the estate of the deceased.

Although there is a statutory limit of £5,000 under which banks and building societies will release funds, they can raise this limit by their own internal regulation and requirement, and make discretionary payment to sums greatly in excess of this. It is therefore a good idea to approach banks and building societies to check that you actually do need a Grant before you tackle the process.

Ask our Probate Solicitors

If you’re not sure whether a Grant of Representation is needed after your loved one’s death, please contact us at Aticus Law. We will investigate the assets believed to be within the estate, and will spot those estates where an application is not required.

At Aticus Law our Probate Solicitors deal with all types of applications for Grants of Representation. We can manage the entire process for you from start to finish. If you have decided to make an application on your own, but it has been rejected by the Probate Registry, we are happy to provide the necessary assistance to get the application through.