If you’ve been appointed as the executor of somebody’s estate, you’ll often need to secure probate to carry out your duties. With this in mind, Prestige Tax and Trust Services asks: when do you need a grant of representation?
Dealing with the estate
If someone wants to ensure that their estate passes to their loved ones when they die, they write a will. This process requires them to appoint an executor, whose task it is to administer the estate to its beneficiaries. This is why it’s essential that you learn how to write a will.
However you don’t automatically have the right to fulfil this obligation. You must apply for a grant of probate, otherwise known as a grant of representation, to receive this right in England and Wales. If you reside in Scotland, however, you must apply for a ‘Confirmation’ document to secure the right to administer the deceased’s estate. In this post we’re only going to focus on England and Wales.
Is probate required?
There are some instances where you may not have to apply for a grant of representation to gain the right to deal with the estate of the deceased. If the estate doesn’t include land, property or shares, or passes to the deceased’s surviving spouse because it was held in joint names e.g. savings account, you don’t normally need to apply for a grant of representation.
This doesn’t automatically mean that you don’t have to apply for a grant of representation. Each financial institution has its own rules on whether you need to apply for a grant of representation to deal with the estate of the deceased. You need to contact the organisation holding the money e.g. the deceased’s bank, before you take action. In some instances they may ask you to submit proof of death e.g. the death certificate of the deceased.
Prestige Tax and Trust Services
As an executor, in most circumstances you’re legally required to apply for a grant of representation to receive probate, so you can administer the estate of someone who’s passed away. This can be a complex process, so you should let Prestige Tax and Trust Service help. Our team has the legal knowledge and experience you need to apply for a grant of representation.