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Grant Of Representation Notes

LPC Law Notes > Private Client Notes

This is an extract of our Grant Of Representation document, which we sell as part of our Private Client Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Private Client Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Wills & Administration of Estates LPC Exam Revision Administration: Grant of Representation Administration When a person dies, the legal process for managing their distribution of their estate is called administration. A PR is appointed by a person's will (executor) or by statute ('administrator'). The PRs must pay any debts of the deceased and make the payments to the beneficiaries. A grant of representation is a court order conferring authority on the PRs to collect and distribute the deceased assets.

Initial Steps

1. Receive instructions and identify the client;

2. Obtain official copies of the death certificate;

3. Arrange the funeral;

4. Locate and obtain the deceased's original and valid will and any codicils;

5. Secure the deceased's property, collecting valuable assets and documents;

6. Identify the beneficiaries and inform them of their inheritance; and

7. Obtain details of the deceased's assets (notifying the relevant organisation and getting a valuation) and liabilities at the date of death.

Grant of Representation

A grant of authority gives the PR's authority and establishes whether the deceased had a valid will or died intestate. Executors appointed by a will may act from death as their authority derives from the will, administrators have no authority until they have the grant of representation.

Actions without a Grant Certain actions can be carried out without a grant of representation:

* Orders under the AE(SP)A 1965 which applies to a restricted category of assets up to PS5,000;

* Chattels which pass by delivery;

* Assets passing outside the succession estate (e.g. joint tenants, DMC, pension schemes etc.)

Types of Grant Grant of Probate Letters Administration with Will Definition

of

This is used if the deceased left a valid will which appoints executors and the executors are willing and able to act.

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Grant of Probate Letters Administration with Will

of

This is where a valid will was left but the will did not name executors, or it did but they have died or they are incapable or have renounced their power

Grant of Probate Letters Administration with Will

of

This is where there is no will and the deceased as died intestacy.

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