When is a Grant of Representation Required?
Following the the death of a person a Grant of Representation is would be obtained from the Probate Registry. Whether or not a Grant of Probate is required is usually based upon the size of the assets held by the deceased person, or if they owned property.
In addition, any banks or Insurance Companies holding significant funds (typically above £15,000, sometmes less) will always require a Grant to be produced before they release funds. For this reason, obtaining a Grant can be necessary whether or not the deceased person made a Will. If there is no Will, a person is said to have died Intestate. Here, the law will dictate how the deceased person’s estate is distributed. The application to the Probate Registry will be for a Grant of “Letters of Administration” (rather then a Grant of Probate).
If you are the person applying to the Probate Registry, as either an Executor (of the Will) or Adminstrator (of the Estate) you may do so without being represented by a Solicitor or Licensed Conveyancer. Indeed the wide avaialbilty of information on the internet may lead to more people doing it themselves. See the official Governemt Justice website for guidance http://www.justice.gov.uk/courts/probate/obtain-probate.
However, many laymen attempting to carry out probate work themselves, by way of what is known as a Personal Application to the Probate Registry have found out to their cost that the Inland Revenue requirements are strict and demanding and they very often need to call in their solicitor to pick up the pieces, adding to costs and wiping out any anticipated savings. In addition, many people underestimate the complexity of the work involved and do not recognise – at the outset at least – that the Executor/Adminstrator can be personally liable for any mistakes made.
For all of these reasons, an Executor has nothing to lose by seeking a no-obligation consultation with a specialist Licensed Conveyancer or Solicitor. The qualified legal practice will always provide an estimate of costs or even a fixed-fee quotation. They will also hold professional indemnity insurance for the protection of all parties.
If you require further information, please contact Derek R Adkins, Licensed Conveyancer, for a no-obligation consultation in our offices, or in your own home. Use the ‘Contact Us’ section of this website to provide a brief outline of your enquiry and we will contact you at the very latest within 24 hours.