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GLOSSARY

Grant of Representation definition

/ɡrɑːnt/ /ɒv/ /ˌrɛprɪzɛnˈteɪʃ(ə)n/

Published by a LexisNexis Wills & Probate expert

What does Grant of Representation mean?

A document issued by the court to prove the legal authority of the person entrusted to deal with a deceased person's estate (called the personal representative). If there is a Will appointing a personal representative, that individual is called the executor/executrix. The executor will obtain a grant of representation called the grant of probate.

If there is no Will (or if the Will is invalid), the personal representative is called the administrator and applies to the court to obtain a grant of representation called the letters of administration. If there is a Will, but it does not appoint an executor/executrix (or if the executor/executrix is unable or unwilling to act), the personal representative is also called the administrator and obtains a grant of representation called the letters of administration with will annexed.

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Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or letters of administration FORTHCOMING CHANGE: The postal application forms PA1P and PA1A for practitioners introduced on 23 March 2020 were due to be merged with the forms of the same name for lay applicants. If this happens, it may result in some changes to the questions and numbering contained in the forms. See News Analysis: Developments on the new probate application process for practitioners. Requirement for application form or online application Every application for a grant of representation, other than a resealing, must be supported by an appropriate statement of truth. Prior to 27 November 2018, it was necessary for an oath (for executors or administrators) to be sworn in the presence of a commissioner for oaths or an independent solicitor holding a practising certificate. It was also necessary for each applicant and the person before whom the oath was sworn to mark the original Will and any codicil. Separate statements of truth replaced oaths from 27 November...

Registering the grant and collecting in the principal estate assets

Registering the grant and collecting in the principal estate assets FORTHCOMING CHANGE: At Autumn Budget 2024 on 30 October 2024, the government announced that it will bring unused pension funds and death benefits payable from a pension into a person’s estate for IHT purposes from 6 April 2027. This will apply both to defined contribution and defined benefit schemes, as well as to UK registered schemes and qualifying non-UK pension schemes. A technical consultation on the implementation of these changes ran from 30 October 2024 to 22 January 2025. For more information, see : Autumn Budget 2024—Private Client analysis — Inheritance tax. Effect of the grant A grant of probate or grant of letters of administration (sometimes with Will annexed) are the most common types of grant of representation in a deceased individual’s estate. The grant of representation is an order of the court. Its purpose is to confirm the appointment of the personal representative(s) (PRs) and the validity of any Will. Apart from situations...

Discover our 7 Practice Notes on Grant of Representation

Letter to Probate Registry with draft application wording for settling

Letter to Probate Registry with draft application wording for settling [Newcastle District Probate Registry] [enter date] Dear Registrar The late [enter name of deceased] We are preparing to make an application for a grant of [probate OR letters of administration] in the above estate. However, we would like to confirm the form of wording to be used: [enter brief details of the circumstances and why the draft papers need settling]. We enclose the Pre-lodgement enquiry form PA18, together with the following:

Will—unmarried, divorced, separated with children, no partner

Will—unmarried, divorced, separated with children, no partner STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. 1 Revocation I [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far only as they affect my property of every...

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