Probate is a legal process which is often needed when a person dies. It gives an individual, or a group of people, the legal authority to deal with a deceased person’s property, money and possessions – known as their ‘Estate’. Probate is not required every time a person dies and examples of this include if the deceased passes all their assets to a surviving husband or wife or owns very little, known as a ‘small estate’. In this article, what is a grant of representation in probate, we take a look at the process involved.
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What is probate?
In England and Wales, Probate is the legal and financial processes involved in dealing with the property, money and possessions (assets) of a person who has died.
Before the next of kin or Executor named in the Will can claim, transfer, sell or distribute any of the deceased’s assets, they may have to apply for Probate.
When Probate has been granted through a Grant of Probate or Letters of Administration the next of kin or Executor can start to deal with the deceased person’s assets in accordance with their Will. If the deceased died without a Will the law will determine who should receive everything.
What is a grant of representation?
A grant of representation is a document needed to confirm you are the executor of someone’s will. This document gives you the right to apply and administer the Estate, this is the process of probate. A grant of representation includes a grant of probate and grants of letters of administration. The only difference between these two is that the term probate is used when there is a Will, and letters of administration when there is not.
Who can have a grant of representation?
The Will usually states who the executor of the will is. If there is no Will or no executor is stated, the next of kin can apply for a grant of representation. If you have been named an executor in the Will, but are not able, or do not want to be responsible for administering the estate, you can pass this over to someone else. If there isn’t anyone else, but you still do not want to be the executor, you can fill out paperwork renouncing your responsibility as executor. This will then allow someone else to apply for a grant of representation.
If there is a Will you can apply for probate if the total estate has been left to you or if the named executor is not able to fulfil their duties.
There is an order when it comes to next of kin applying for probate:
First priority is a partner in either marriage or civil partnership, followed by their children. This is then followed by grandchildren, then parents, then siblings, nieces or nephews and then the next closest relative.
It is important to note that an unmarried partner, or those in a same-sex relationship that don’t have a civil partnership, will not be eligible to be an executor unless they have been named in the will.
How we can help
We have a proven track-record of helping clients draft their Wills and deal with probate. This includes relatively straightforward estates and also complex estates where assets are held all over the world. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact our Wills and Probate Solicitors
It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of guiding you through the often emotional process of probate in a sensitive and supportive manner and help ensure you achieve a positive outcome.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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