Probate FAQ

There are three types of Grant of Representation:

Grant of Probate – when there is a Will and all Executors are acting and administering the estate.

Letters of Administration with Will annexed – when there is a Will however no Executors are appointed under the Will, or where the appointed Executor is unable or unwilling to act.

Letters of Administration – when there is no Will.

Whether you need a Grant or not depends on the deceased’s estate. For example, if there is a property to sell, you will always need a Grant of Representation. For their bank/building society accounts, you will need to ask the institution whether they need sight of a Grant to close the account.

Due to long delays at the probate registry, it can take more than 16 weeks to obtain a Grant of Representation.

The probate registry does not allow you to chase an application that has not exceeded 16 weeks from receipt at the probate registry.

Firstly, double-check their personal belongings. If they used a firm of solicitors for their affairs in their lifetime, double-check whether they are holding a Will. If they are, they will only be able to release this to the Executors of the Will.

You should also check on the National Wills Register. Most Wills produced by a firm of solicitors are registered here. This register will alert you to any Wills that were made in the deceased’s lifetime and where it is stored.

If a Will cannot be located, then the deceased is considered to have died intestate and the intestacy rules will need to be followed (see our separate FAQs for the intestacy rules).

An Executor might not be able to act for a number of reasons. They might have predeceased the person who has passed away, they might not want to act, or they might have lost mental capacity.

If the Will only appointed one Executor and/or there are no Executors left to act, then one of the residuary beneficiaries can step in and act as Executor.

 Not necessarily. It depends on the value of the deceased’s estate, whether any exemptions or reliefs are available, and who the beneficiaries are.

The Executors (who are often also appointed as Trustees under the Will) will be required to hold the monies for the beneficiary until they attain the age of 18. If the beneficiary is due to receive a large amount of money, it is advisable the Executors seek independent financial advice as to the correct product(s) to invest the monies in, in order to generate income for the beneficiary.

The Executors/Trustees can make payments to the beneficiary prior to them attaining the age of 18 for their maintenance and education.

The Personal Representatives (PRs) should make every effort to locate the missing beneficiary to prevent a personal liability if the beneficiary were to come forward after the estate has been distributed.

For example, they could speak with any known relatives of the beneficiary to obtain contact details. They could also place notices in the local newspaper where the deceased passed away. The PRs could also instruct a tracing agent and/or a genealogist to prepare a family tree.

In the event that all of the above has been exhausted, then to further protect themselves, the PRs might decide to obtain a Benjamin order. This is a court order that allows them to distribute an estate when a beneficiary cannot be found. This is however an expensive course of action and should be avoided.

It is the Personal Representative’s responsibility to arrange the funeral. If a professional Executor is appointed under the Will, usually the family are able to assist with the funeral arrangements.

If the deceased had enough money in their bank account, the funeral invoice can be sent directly to the bank/building society and they can settle the funeral invoice with the funeral directors.

If not, it is the Personal Representative’s responsibility to pay this, and they can be later reimbursed when the estate is in funds.