Which Grant of representation do I need?

Emma Faulkner, Solicitor at Holmes & Hills, explains the different types of Grants of representation and guides you through how to identify the right one for your situation.

There are several types of ‘Grant’ that will be issued by the Probate Registry, to enable a person to administer an estate. The umbrella term for these documents is “Grant of Representation”. However, there are a few factors which will determine the type of Grant you need.

Grant of Probate

This is the most common type of Grant. This is issued when a person has a valid Will. When that person passes away, their Executors (the people named in their Will to administer their estate) will need to apply for a Grant of Probate. This is a legal document which gives the Executors the authority to deal with the estate, which includes collecting monies in, paying liabilities, and distributing the balance to the beneficiaries.

Grant of Letters of Administration

This is the second most common type of Grant. This is issued where a person does not leave a valid Will. When that person passes away, their nearest surviving relatives will apply for a Grant of Letters of Administration. Similarly to a Grant of Probate, this is a legal document which gives them authority to administer the estate. They will be known as the Administrator.

The order in which people are entitled to apply for a Grant of Letters of Administration is governed by the Laws of Intestacy. Generally, the order is 1) spouse 2) children 3) grandchildren 4) parents 5) siblings 6) half-siblings 7) grandparents 8) aunts and uncles 9) half aunts and half uncles. This is also the order in which relatives will inherit if there is no Will (depending on the size of the estate, the spouse and children might share it).

If there are no surviving relatives in this list, the estate will pass to the Crown.

Grant of Letters of Administration with Will Annexed

This type of Grant will be issued if there is a Will but it is defective in some way.

For example, if the Will does not appoint an Executor, the residuary beneficiaries will need to apply for a Grant of Letters of Administration with Will Annexed. This will give them the legal authority to deal with the estate.

If the Will is damaged in some way, it is likely that the persons entitled to apply for a Grant will need this type, and they would need to provide affidavits (sworn statements) to explain the plight and condition of the Will.

Other Types of Grant

There are several other types of Grant which can be issued, such as; a limited Grant which is used to sell or secure specific assets which a dispute is settled, or a Grant where a previous Executor or Administrator dies before they have finished administering an estate.

Why should I speak to a solicitor?

If your loved one has passed away and you are not sure which type of Grant you will need, you should speak to a solicitor today. Our expert team at Holmes & Hills will be able to guide you through the process from start to finish.