A grant of representation is a legal document issued by the Probate Registry. It provides an individual with the authority to manage the estate of a deceased person. It must be approved by the court. The person who is responsible for distributing assets correctly is known as the administrator of the estate or the executor of the will.
A grant of representation may not be needed if the remaining assets are left with a surviving spouse after death. In most instances, a grant of representation is required for assets and possessions to be transferred or accessed.
In this article, we will be discussing everything you need to know about a grant of representation. This includes the different types to consider, how you can obtain this grant and the average costs.
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Grant of Representation Types
Grant of representation is an umbrella term used to describe the official document needed before you can distribute assets. There are two types of grant of representation. The option you need will be based on individual circumstances. These are grant of probate and letters of administration:
Grant of Probate
A grant of probate is the legal document provided to the executor of the will by the Probate Registry. It allows them to administer the deceased’s estate. It is only required if the deceased person has a will upon death. The executor of the will is named by the deceased person and will be given the authority to manage the estate during the probate process.
Those named aren’t legally obliged to carry out this role if they do not wish to. In this instance, a form of renunciation is needed, and another individual can apply to the court to be the executor of the will instead.
A grant of probate is needed before the distribution of assets begins. This is because the person granted will be responsible for assisting with the probate process. Without an executor of the will, the probate process cannot be completed, and items cannot be distributed accordingly.
Grant of Letters of Administration
A grant of letters of administration is a legal document. It must be obtained from the Probate Registry to distribute the assets of a deceased person if a will is not present. This document is granted by the court to the person who has applied to take responsibility for the estate.
As a will typically states the person responsible for this, if a will is not present, the rules of intestacy apply. The person who is entitled to do this under these rules will either be a spouse/civil partner or a close family relative.
When a person dies with a will, the grant of probate is automatically given to the name executor or administrator. This isn’t the case for a grant of letters of administration. Instead, family members are responsible for applying for this after the death of a loved one. The family member who applies will depend on who is eligible. Here is an idea of who can apply:
Who Can Apply for Grant of Letters of Administration
The family member who applies will depend on who is eligible. Here is an idea of who can apply:
Spouse or civil partner
Children or parents
Siblings and half-siblings
Grandparents
Aunts and uncles
Cousins, nieces and nephews
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The court will determine who is appointed in order of priority. Spouses or immediate family take priority. Applicants have to be over the age of 18. If the estate has been left to someone under the age of 18, the estate is placed into a trust until the person turns 18. A trustee is appointed to take care of the assets in the interim.
A grant of letters of administration is important because it ensures that the deceased person’s assets are accounted for. It also provides a person with legal permission to close bank accounts, sell shareholdings and manage the deceased’s affairs. Multiple people can be named as executors and will need to apply for the grant together.
How to Obtain a Grant of Representation?
You will need to obtain a grant of representation from the Probate Registry. While you can apply for a grant of representation and carry out the probate process yourself, it can be a long and complicated process. This is why it’s recommended to hire the assistance of a solicitor to guide you through the process.
A solicitor will help to ensure that everything is being carried out correctly. They will assist you with specialist legal advice surrounding the probate process. Here at Compare My Move, we can match you with up to 6 licenced and trusted solicitors. Simply fill out our online form.
Each company we work with is regulated by either the Solicitors Regulation Authority (SRA), the Law Society of Scotland (LSS), the Law Society of Northern Ireland (LSNI), Council for Licensed Conveyancers (CLC) or the Institute of Chartered Accountants (ICAEW).
They have also passed our strict verification process. As a result, you can rest assured knowing you will receive the best possible service. We can also help to save you money on your probate fees.
Here is the step-by-step process you need to follow to obtain a grant of representation:
Identify What Type of Grant You Need
First, you will need to apply for the correct type of grant. If a will is present a grant of probate is needed. If the will isn’t present, family members are required to apply for a grant of letters of administration.
Gather All Documents
Before applying, you must ensure you have all the correct documentation to support your application. The necessary documents are as follows:
- Death certificate
- The will and any supporting codicils (if applicable)
- PA1P application form (if a will is present)
- PA1A (if a will is not present)
- Bank statements (if needed)
- Property deeds (if applicable)
- Affidavit or statement of truth
Apply for the Gant
You will need to fill out the relevant forms before you are provided with a grant of representation. It’s essential to fill out the correct paperwork and ensure all the details submitted are correct. If incorrect, this can delay the probate service. A solicitor can fill out these forms on your behalf and assist you with the application process.
Two types of forms can be submitted for a grant of probate - PA1P and PA1A:
Attend an Interview
If you are applying for probate without the assistance of a solicitor, you will need to attend an interview at the Probate Registry.
Pay the Application Fee
The cost of applying for probate is £300 according to the Gov.UK if the deceased person’s estate is worth over £5,000. If the estate is less than £5,000, there is no charge for probate.
Submit the forms
Once completed, you can submit the forms. Your application will need to be sent to the Probate Registry.
Get Probate Insurance
It can be useful to have probate insurance. There isn't specific insurance for the probate process, but there are different types of insurance that cover the process. This includes Section 27 Insurance and Probate House Insurance.
These insurances can help to protect against claims for outstanding debts made by creditors. It can also cover unoccupied property. You can also take out insurance to cover missing wills and beneficiaries.
The type of insurance you take out is dependent on your specific circumstances. It may not be needed in many instances, but it can provide additional peace of mind during the probate process.
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How Long Does Grant of Representation Take?
On average, a grant of representation can take anywhere from 3-12 months. If the estate is straightforward, it can take as little as a month to complete. This is unlikely for the majority of cases. In most cases, 4 months is the average time it will take.
Here are some factors that can affect the timing:
If the estate is more complex
If the forms are filled out incorrectly
If any disputes arise
Backlogs at HMCTS
After the grant of representation has been approved the executor or beneficiary can then carry out the probate process.
How Much Does a Grant of Representation Cost?
If you apply for the grant of representation yourself, you will only need to pay the £300 in probate application fees if the estate is over £5,000. If the total value of the estate is less than £5,000 there is no charge applied. Completing this process yourself can be complicated and lead to errors in the application being made. This will then delay the probate process.
As a result, it’s important to use a solicitor where possible. As the solicitor is guiding you through the legal process, you can expect to pay solicitor fees. On average, solicitors fees are between £3,431-£10,247. The exact cost will vary based on the company you have used and the complexity of your grant of representation.
Many solicitors will charge a fee of 1-5% of the value of the total value of the estate for their costs. 20% VAT is then applied on top of their costs.
Other solicitors will charge per hour. The total price will then vary depending on how many hours they are required for and how complex your individual probate case is. You should also factor in the costs of disbursements.
This is a small cost to ensure everything has been completed correctly. Hiring a solicitor helps prevent delays in the probate process and loved ones from receiving their inheritance.
*Data taken from Boys and Maughan, Aldridge Brownlee Solicitors, Price Slater Gownie, Labrums Solicitors LLP, Penningtons Law, Streathers, Farewill, MFG Solicitors and Co-op Legal Services.
