From Serious to Entertaining: Blogs on Legal Matters

When a loved-one dies, you may find yourself having to deal with matters pertaining to their estate, and this can be rather daunting if you're not familiar with legal terminology.  For example, do you know if you will need a grant of representation in order to obtain probate?  Read on to find out more.

Grant of representation

A grant of representation is a legal document that the court provides to a deceased's estate administrators.  The grant of representation effectively gives that person the authority they need to in order to deal with the deceased person's affairs. There are three different types of grants that are used under different circumstances:

Grant of probate:  A grant of probate is applicable in cases where the deceased has left a will.  The executor of that will is the person who is applying for the grant of probate.

Grant of letters of administration:  a grant of letters of administration is applicable in cases where the deceased has left a will, but where a person who is not the named executor is applying for the grant.  This might apply in cases where the executor has died before the deceased had chance to update their will or where the named executor is no longer mentally fit.

A grant of letters of administration on intestacy:  If the deceased did not make a valid will, you will need to apply for a grant of letters of administration on intestacy, which will provide you with the authority to apply for probate. 

Do you need a grant of representation?

There are a number of different circumstances when a person will need to apply to the courts for a grant of representation.  These circumstances might include the following:

• if the deceased person owned property  
• if the deceased owned shares  
• if the deceased had a bank account with a balance exceeding an amount determined by the bank or financial institution  
• if an accommodation bond was kept on the deceased's behalf by a residential or nursing home

In general, once you have notified the relevant financial institutions and organisations with whom the deceased held shares that they have died, these third parties will notify you if they require a grant of representation.  Your estates planning solicitor will also be able to advise you on the documentation you will need in order to apply for probate.

In conclusion

The legal process around the administration of a deceased person's estate can be complicated and confusing.  Always use the services of an experienced solicitor to help you through the probate process.