Probate
If the person who has died leaves a will
If the person who has died leaves a will, it will usually name
one or more people to act as the executors of the will – that
is, to administer their estate.
If you are named as an executor of a will you may need to apply
for a grant of probate. Harkin Lloyd can help you with this
process.
A grant of probate is an official document which the executors
may need to administer the estate. It is issued by a section of
the court known as the probate registry.
If there is no will
If there is no will (known as dying intestate) the process is
more complicated. The Administration of Estates Act 1925 sets
out who can act as administrator - that is, who has the legal
right to deal with the affairs of the person who has died. The
administrator will usually be a close relative of the person who
has died, if there is one. There may be more than one person who
has an equal right to do this.
Anyone who has this right can apply to the probate registry for
a grant of letters of administration. This is an official
document, issued by the court, which allows administrators to
administer the estate.
In some cases, for example, when the person who benefits is a
child, the law says that more than one person must act as
administrator.
Personal representatives (PRs)
This means executors or administrators. If there is more than one personal representative they must work together to decide matters between them. Disagreements between personal representatives can cause delays.
Grants of representation
This includes grants of probate (when there is a will) and grants of letters of administration (when there is no will). Often people just refer to probate even if there is no will.
When a grant of representation is needed
A grant of representation is not always needed, for example if
the person who died:
- has left less than £5000 in total; or
- owned everything jointly with someone else.
In other cases, some financial organisations, such as banks, may
agree to pay funds to a personal representative without a grant
of representation.
Usually, a grant of representation will be needed when the
person who has died left:
- more than £5000;
- stocks or shares;
- a house or land; or
- certain insurance policies.
How to get a grant
You can ask Harkin Lloyd to apply for the grant of representation on your behalf.
Responsibilities of personal representatives
Personal representatives are responsible for making sure that the estate is administered correctly. If there is a will, the personal representative must make sure that the wishes of the person who has died, as set out in their will, are followed. If there is no will, you must follow the rules of intestacy (set out in the Administration of Estates Act 1925). If you have a query in this regard you can ask one of Harkin Lloyd Specialist Solicitors.
