Grant of Probate

After a person has died, a legal process starts to transfer the deceased’s assets to the beneficiaries of his or her estate. This legal process is known as “Probate” and is undertaken by the executors of the deceased.  The Grant of Probate is a Court Order which is granted to the executors of the will of a deceased empowering them to deal with estate which includes dealing with all assets and liabilities of the deceased, complying with instructions in the will, potentially paying Inheritance tax and ultimately distributing the estate of the deceased.

Who is entitled to a Grant ?

A Grant may only be given to those executors stated in the will of the deceased. In the event the deceased has not left behind a valid will, the next of kin are generally entitled to the Grant provided that they are not illegitimate relatives (sons and daughters excluded) and are over the age of 18 and of sound of mind.

A Grant may be issued to more than one person but the number of executors of the Grant cannot exceed four people.

Who issues the Grant of Probate ?

The Probate Registry office holds the authority to issue a Grant enabling people to manage a deceased’s estate such as selling property, closing bank accounts, dealing with investments and looking after any other affairs.  A Grant issued by the Probate Registry would be a Grant of Representation. Provided the deceased has left a valid will, then upon their death, the Probate Registry will order a Grant of Probate to be given to the executors of that will. Once the Grant of Representation has been granted then the Executors can show this to third party organisations who hold money or assets in the name of the deceased as proof that they are entitled to collect or deal with the money or assets.

Conversely, if a person dies intestate without a will, then a Grant of Administration would be issued to those closest to the deceased as determined by the Court. A grant of administration serves the same purpose as a grant of Probate. It allows the person holding the Grant of Administration to transfer the assets to those who are entitled to them.

All inheritance tax must be paid before the Grant of Probate can be issued and the receipt of having received the payment of the inheritance tax by the Inland Revenue office will be required by the Probate Registry. The inheritance tax on property is payable in instalments but the inheritance tax on any cash assets would need to be paid immediately.

(Note that a Grant will not be necessary if the deceased assets value under £15,000.00. Assets which are held jointly with another will pass automatically by way of survivorship to the surviving owner and will not transfer under the rules of Probate).

How to apply for a Grant

After having acquired and completed the appropriate application forms including the Probate Application Form and Account of Estate, these forms need to be returned to the Probate Registry office along with the deceased’s death certificate and original will. After this, the applicant of the Grant will need to be interviewed by the Probate Registry office where they will ask the applicant to confirm the details provided to them and if there are any further queries or concerns in relation to the Grant.

After the interview, the Probate Registry will issue the Grant after which this needs to be shown to the organisation holding the deceased’s money for it to be released. The Grant obtained is only valid if it bears the seal of Court.

The Probate Registry reserve the right to refuse to issue the Grant if they have any doubts about the validity of the will. In such cases, the Probate Registry may contact the witnesses and any other third parties to investigate the validity of the will.

After the Grant of Probate has been received, the Probate Registry holds no further responsibility towards ensuring the assets are released to the executor.

Duties of the Executor

The executor of a will manages the administered estate of the deceased and therefore all issues relating to the estate and the transfer and sales of any assets will be the executor’s sole responsibility. However, in some circumstances, the executor appointed may be unwilling to execute the will and in such case he or she would need to sign a deed of renunciation which would enable a third party beneficiary or someone else mentioned in the will to be entitled to the Grant of Probate. The executor may also sign a power reserve form which would mean that he would still be able to come into the estate administration at a later date.