Understanding a Grant of Representation: What You Need to Know

A Grant of Representation is a legal document that grants authority to an Executor or Administrator to handle the estate of someone who has passed away. Issued by the Probate Registry in England and Wales, this document is essential for accessing financial accounts, transferring property, and distributing inheritance in accordance with the deceased’s Will—or in the absence of a Will, the Rules of Intestacy.

This guide explains the purpose of a Grant of Representation, who can apply, the different types available, and the steps involved in obtaining one.

Why is a Grant of Representation Required?

When a person passes away, their estate—including property, finances, and other assets—must be managed and distributed appropriately. A Grant of Representation provides legal confirmation that the person handling the estate has the right to do so.

Without this document, banks, financial institutions, and government bodies will not release funds or transfer assets. It acts as a safeguard, ensuring only authorised individuals can manage the estate, reducing the risk of fraud or disputes over inheritance.

Types of Grants of Representation

There are three main types of Grants of Representation, which vary depending on whether a Will exists and who is responsible for the estate administration.

1. Grant of Probate

This is issued when the deceased left a valid Will. The Executor(s) named in the Will can apply for the Grant of Probate, which enables them to distribute the estate according to the deceased’s wishes.

2. Letters of Administration

If the deceased did not leave a Will, their estate is considered intestate, and a Grant of Letters of Administration is issued. This allows a close relative—typically the surviving spouse, children, or next of kin—to manage and distribute the estate under Intestacy Rules.

3. Letters of Administration with Will Annexed

If a Will exists but no Executors were named (or those named are unable to act), an Administrator is appointed, and a Grant of Letters of Administration with Will Annexed is issued. This ensures the estate is managed according to the terms of the Will, even though an Executor was not explicitly appointed.

Who is Eligible to Apply for a Grant of Representation?

Eligibility to apply depends on whether a Will exists:

• If a valid Will is present, the named Executor(s) have the right to apply for Grant of Probate. If no Executors are willing or able to act, an alternative person may apply for a Grant of Letters of Administration with Will Annexed.
• If there is no Will, the closest relative (as determined by Intestacy Rules) is eligible to apply for Letters of Administration. The usual order of priority is:
  1. Spouse or civil partner
  2. Children
  3. Parents
  4. Siblings
  5. Other close relatives

Applicants must be over 18 years old and mentally capable of carrying out their legal duties.

Documents Required for a Grant of Representation Application

Several key documents must be submitted when applying for a Grant of Representation:

1. Death Certificate – Official confirmation of the person’s passing.
2. The Will (if applicable) – The original Will (and any codicils) must be included.
3. Probate Application Form –
   • PA1P (if there is a Will)
   • PA1A (if there is no Will)
4. Estate Valuation Documents – A detailed assessment of the deceased’s assets and liabilities.
5. Inheritance Tax (IHT) Forms – Either IHT205 (for excepted estates) or IHT400 (for estates above the tax threshold).

Depending on the size and complexity of the estate, applications can be submitted online via the HMCTS portal or by post using paper-based forms.

Applying for a Grant of Representation

Step 1: Determine if Inheritance Tax (IHT) is Payable

Before applying, you must assess the total estate value to determine whether Inheritance Tax (IHT) is due.

• If the estate is valued under £325,000, it may be exempt from IHT.
• If the estate exceeds this threshold, tax (usually 40%) is payable on the amount above the limit.

IHT must be paid before the Grant of Representation is issued, and the application may be delayed if tax liabilities are not settled.

Step 2: Submit the Probate Application

Once the necessary forms and documents are prepared, you can apply for a Grant of Representation via:

• The HMCTS online portal – Suitable for simpler estates
• A paper-based application – Required for complex estates

If the estate is straightforward (i.e., below the IHT threshold with no disputes), the application process is generally quicker.

How Long Does It Take to Obtain a Grant of Representation?

The Probate Registry (HMCTS) typically takes 16 weeks from the submission date to issue a Grant of Representation. However, the process may take longer if:

• The application is incomplete or contains errors
• There are disputes over the Will or beneficiaries
• Additional information is required regarding Inheritance Tax liabilities

For larger or contested estates, probate can take several months to over a year to resolve.

Costs Associated with a Grant of Representation

The cost of obtaining a Grant of Representation depends on the estate value and whether professional assistance is sought.

Application Fees

• £0 – If the estate is valued at under £5,000
• £300 – If the estate exceeds £5,000
• £1.50 per additional copy of the Grant (recommended for dealing with banks and other institutions)

Professional Fees

If you hire a probate solicitor, costs vary depending on the complexity of the estate. Many solicitors offer:

• Fixed-fee probate services (typically £1,000 to £3,000 for straightforward estates)
• Percentage-based fees (ranging from 1% to 5% of the estate value)

Seeking legal assistance can be beneficial, particularly for estates with overseas assets, multiple properties, or inheritance tax complexities.

What Happens After a Grant of Representation is Issued?

Once the Grant of Representation is obtained, the Executor or Administrator has legal authority to:

1. Access the deceased’s bank accounts and assets
2. Sell or transfer property, shares, or other investments
3. Pay outstanding debts, including taxes
4. Distribute the remaining estate to beneficiaries

Throughout this process, detailed financial records must be maintained to ensure full transparency.

Can a Grant of Representation Be Challenged?

Yes, a Grant of Representation can be contested under certain circumstances, such as:

• Disputes over the validity of the Will
• Concerns about undue influence or fraud
• Claims that the deceased lacked mental capacity when making the Will

If a challenge is raised, an interested party can file a caveat with the Probate Registry, preventing the Grant from being issued until the matter is resolved.

Do You Need Legal Help with a Grant of Representation?

Handling probate can be overwhelming, particularly if the estate is large or legally complex. Seeking professional advice can help avoid mistakes, reduce stress, and ensure the estate is managed efficiently.If you require assistance with a Grant of Representation, a probate solicitor can guide you through the process, ensuring compliance with legal requirements.