What is a Grant of Representation, and do I need one?

July 17, 2023

When you are administering the estate of a deceased person, you may ask yourself what a Grant of Representation is, and if you really need one. A Grant of Representation is a legal document which gives certain people the legal right to realise assets in the estate and begin the estate administration process.

What are they?

There are two main types of Grant of Representation, one is a more commonly known Grant of Probate, used where the deceased left a Will. The other is a Grant of Letters of Administration, used where the deceased died without a valid Will (intestate).

When do you need one?

It is important to note, you might not always need a Grant, they are usually required where the deceased held larger assets in their sole name. For example, if the deceased had a sole bank account, or owned a property in their sole name, you would need a Grant before you are able to transfer/sell the property or access the accounts.

However, if there was only a joint bank account, the surviving joint owner would be able to access the funds without the need for a Grant.

It is important to check with each institution however, as each one will have their own requirements in order to release or access the assets.

How do I obtain a Grant?

Firstly, you mut ascertain the type of Grant needed. If there is a valid Will, which appoints executors , it will be a Grant of Probate, and the people named on the Will and in the Grant will be responsible for administering the estate. If there is no valid Will, it will be a Grant of Letters of Administration, and the people named on the Grant are known as personal representatives. If there is a Will but it does not appoint any executors or they renounce their position before the administration begins, then you must apply for a Grant of Letters of Administration with the Will Annexed.

Once this has been done you must then begin to prepare any relevant Inheritance Tax forms and pay any pay any Inheritance Tax if required. Once 20 working days have passed, you can then submit the application for the Grant of Probate to the Probate Registry.

Solicitors use a different online portal to laymen and there is a fee of £273 to obtain the Grant plus £1.50 for each additional copy.

It can take approximately 16 weeks for the Grant to be issued.

Once the Grant has been received, you can begin to transfer/sell property, close bank accounts and wind up the estate.

Obtaining Grants of Representation can be a difficult process, especially for complex or large estates, and it is always best to seek professional assistance and advice. If you have any further questions or would like to instruct us to deal with any estate administrations, please call our Solihull office on 0121 705 7571 or our Dorridge office on 01564 779393.

Uzma Rasool
Trainee Solicitor – Wills and Probate Department

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.