Grants of Representation

Introduction

A **grant of representation** is the formal authority of the court that enables a **personal representative (PR)** to administer the estate of the deceased. Without a grant (or one of the exceptional circumstances where no grant is needed), the PR has no standing to collect in the assets, pay the debts, or distribute to the beneficiaries. Every third party holding an asset of the deceased — bank, building society, share registrar, the Land Registry — will want to see the grant before releasing or transferring the asset. This chapter covers the **three types of grant**, the persons entitled to them, the **application procedure**, the **IHT clearance** required before a grant, and the mechanisms (**caveats, citations and standing searches**) by which an interested person may contest or obstruct a grant application.

Assessment focus

For the SQE1 FLK2 assessment, the question is rarely whether a grant is needed but rather **which grant is appropriate** and **who is entitled to apply**. You must be able to: distinguish **Probate**, **Letters of Administration with the Will Annexed (LAWA)** and **Letters of Administration (LoA)**; apply the **NCPR r.20** and **NCPR r.22** orders of entitlement, working methodically down the list and **clearing off** each higher category; state the **maximum of four PRs** (s.114(1) SCA 1981) and the **minimum of two** where there is a minor or life interest (s.114(2) SCA 1981); apply the **post-2022 excepted-estates regime** (SI 2021/1167) to decide whether an **IHT400** is required; and distinguish the three contest mechanisms — **caveat** (stop the grant), **citation** (force someone to act or lose their rights) and **standing search** (be told when a grant issues). Questions are single best answer questions set in **realistic client-based scenarios**; this is a closed-book assessment.

Study tips

1) Memorise the **three grants** and their triggers: valid will + willing/able executor = **Probate**; valid will but no executor able/willing = **LAWA (r.20)**; intestate or ineffective will = **LoA (r.22)**. 2) Learn the **r.20 order** — the residuary beneficiary (category c) almost always wins once executors are cleared off; a **creditor is the last resort**. 3) Learn the **r.22 order** — spouse/CP → issue → parents → siblings (whole then half) → grandparents → uncles/aunts → Treasury Solicitor (bona vacantia) → creditor; a **cohabitant has no standing**. 4) **Four PRs maximum** (s.114(1)); **two minimum** where a **minor or life interest** exists (s.114(2)). 5) Remember **power reserved** (keeps the right open — later 'double probate') vs **renunciation** (gives up the right permanently). 6) **Excepted estate** = no IHT400 (low value ≤ NRB; exempt ≤ £3m + net chargeable ≤ NRB; foreign-dom UK assets ≤ £150,000); otherwise **IHT400** and HMRC clearance before the grant. **Failed PETs** within 7 years aggregate and can take an estate out of 'excepted'.