Registering the grant and collecting in the principal estate assets
Registering the grant and collecting in the principal estate assets

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Registering the grant and collecting in the principal estate assets
  • Effect of the grant
  • Registration
  • Collecting in the assets

Effect of the grant

The grant of representation is an order of the court, its purpose to confirm the appointment of the personal representative(s) (PRs) and, where it exists, the validity of any Will. No one else can act as personal representative until the grant is revoked or ‘called in’ by the court. The information for insertion in the grant is taken from the statement of truth (previously oath). On receipt of the grant of representation the names, addresses and dates should be checked to confirm they are correct.

If any of the details are incorrect, a district judge or registrar has the power to amend the grant if thought necessary.

Although they may think so, the grant does not give those entitled under a Will or an intestacy to a beneficial interest until the administration is finished. None of the beneficiaries has any proprietary in any particular asset within the estate. Their only entitlement is a right to have the estate administered.

However, it should be noted that if a beneficiary dies within the administration period their PRs are entitled to the receipt of their entitlement for the benefit of those entitled under their Will or intestacy of the deceased beneficiary.

Registration

To register the grant as proof of the PRs' authority to deal with assets, send the original grant