Probate: Obtaining a Grant of Representation

Probate involves honouring a deceased person’s wishes and taking care of the distribution of his or her estate. If the deceased person left a will, it probably designated an executor. The executor is named to pay the taxes and other expenses and distribute the property. If there is no will or an executor is not named, an administrator must be named. The administrator is a blood relative, if no will exists, or someone who will benefit from the will if a will is found without a named executor.

Where You Can Obtain Help

If you are named as an executor or administrator and need help executing a will, you can contact a will writing company for probate assistance at a reduced cost. If you choose to obtain help from a solicitor, you will often pay a great deal more for the same type of assistance.

Locating a Will

If the deceased person did not leave a will, he or she died intestate. However, a will may have also been written without the family’s knowledge. If so, you need to see if a copy exists. If the document cannot be located among the deceased’s personal belongings, he or she may have left a copy with their bank or a solicitor.

Obtaining a Grant of Representation

If you do locate the will or you are named an executor, again, it is better to ask for help from a will writing company like Heritage Wills probate services. In order to proceed, you will need to obtain a grant of representation. The grant enables you to perform the probate process. However, the type of representation you obtain depends on the situation.

For example, as already noted, if you are named the executor, you will need a grant of probate. However, if no will exists and you are the administrator, you need to obtain letters of administration. If a will exists and you are the administrator, you need to secure letters of administration (with the will).

A grant of representation enables the executor or administrator to access the deceased person’s assets, including his or her bank accounts or building society accounts. Needless to say, the grant of representation is needed to simplify and carry out the process.

However, this type of representation may not be necessary if the deceased person did not have a great deal of money in his or her accounts. The grant may also be unnecessary if insurance policies or financial accounts were jointly owned by a civil partner or spouse.

If an account was jointly owned, a bank, for example, may be willing to transfer sole ownership to a surviving spouse or civil partner. Usually, a death certificate is presented in this type of circumstance. However, if the deceased was the sole owner of an account, a grant of representation will be required.