The procedure by which access is gained to the deceased’s assets is often referred to as ‘obtaining probate’. An executor’s authority to deal with the deceased’s affairs (which derives from the Will) is evidenced by the grant of probate. Where there is no Will, the administrator derives their authority from the grant of letters of administration. The umbrella term for these grants is a ‘grant of representation’.
Remember that certain activities, such as the ‘preparing any probate papers for the purposes of the law of England and Wales or in relation to any proceedings in England and Wales’ are reserved legal activities. This means that authorisation is required to undertake work related to the application of the grant of representation. Historically, only solicitors were authorised to do this. However, other professionals can now become authorised by their regulatory bodies, including accountants through the ICAEW.
A grant of representation authorises the personal representatives (PRs) to administer the estate of the deceased person named on the grant.
Trade or hobbyInteraction of hobby farming rules and commercialityFarming has its own set of ‘hobby farming rules’, which historically have stated that a profit must be made every six years. This is known as ‘the five-year rule’, in that there can be five years of losses but there must be a profit
Inter-spouse transferIntroductionWhen a chargeable asset is transferred between two spouses or civil partners, there is a disposal by the transferor spouse / civil partner and an acquisition by the transferee spouse / civil partner for capital gains tax purposes. For simplicity, spouses and civil
Premiums on the grant or surrender of a leasePremiums on the grant of a lease ― outlineWhen a property investor grants a lease, potentially this could be done on the basis that the tenant pays a premium for the initial grant of the lease, in addition to also paying rent over the term of the lease.