- The deceased left a Will – what does this mean?
If the deceased left a Will they will have appointed one or more Executors to deal with their affairs after their death. An Executor conducts the estate administration in accordance with the law and the terms of the Will. They may also need to apply for a Grant of Probate from the Probate Registry. The Grant is a legal document which confirms the Will is the last Will and testament of the deceased and the executors have the authority to deal with the deceased’s assets. The Grant proves that the Executor(s) has/have the right to access funds, collect assets, settle debts and distribute the estate to the beneficiaries of the Will.
- The deceased left no Will – what does this mean?
If the deceased died without making a Will then they are deemed to have died intestate and (usually) a close relative can apply to the Probate Registry to obtain a Grant of Representation to deal with the estate. This type of Grant is called a Grant of Letters of Administration and, if issued, the Grant appoints the applicant as an Administrator.
There is a statutory list of people who are entitled to take out a Grant and benefit from the estate and, in some cases, where the person who benefits from the estate is a minor, two Administrators are required.
- What is a Grant of Representation?
This term is a general term that can be used in reference to either a Grant of Probate or a Grant of Letters of Administration.
- Do I need to apply for a Grant of Representation?
A Grant of Representation may not be required where the person who died left less than £5,000 or they owned their estate jointly with another person (usually their spouse) which would mean the estate would pass automatically by survivorship.
However, a Grant is almost always needed when the person dies leaving individual assets over £5,000, stocks and shares, property held as “tenants in common” or certain insurance policies.
In most cases the bank/institution will need to see the Grant before releasing assets. However, if the estate is small then some organisations may release money to Executors/spouse at their discretion.
In all cases, a personal injury/clinical negligence insurer will want to see a Grant before releasing compensation as they want to ensure the compensation is being paid to the correct person.
- How can I apply for a Grant of Representation?
The forms you need to complete depend on where the person lived and whether or not you expect Inheritance Tax to be due on the estate. You can obtain a Grant yourself, however, given the complexities involved with completing the necessary HM Revenue & Customs forms, you may wish for a Solicitor to apply for the Grant on your behalf. This is often the most efficient way to obtain a Grant and, in most circumstances, if a Grant has not been required to deal with the deceased’s assets previously but is required to settle the deceased’s claim, then the costs for obtaining the Grant may form part of the special damages against the Defendant in any event.
- Can Lyons Davidson apply for a Grant of Representation on my behalf?
The Private Client team at Lyons Davidson are a specialised team committed to providing our clients with a personal service, coupled with specialist and practical advice. During what can be a sensitive and emotional time for you, we can deal with the application for the Grant of Representation on your behalf with confidentiality, sensitivity and efficiency. Our charges for the application of a Grant of Representation start from £1,250 plus VAT (plus disbursements).
As stated above, these costs may be included as part of the special damages against the Defendant if the Grant is required to settle the deceased’s claim.
- What do I do next?
If the deceased has an ongoing claim then the Solicitor dealing with the deceased’s claim would have already advised you that a Grant is required to settle the claim (if you are an Executor) or commence proceedings and settle the claim (if you are an Administrator). We will be in touch with you in order to obtain the details of the estate, should you wish for Lyons Davidson Solicitors to obtain the Grant on your behalf.
Alternatively, for more information, please contact Lyons Davidson’s Private Client Department
