The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
The personal representatives (PRs) need a grant of probate or letters of administration to enable them to make title to the deceased’s property and administer, collect and protect it for the benefit of the persons interested in the estate.
An executor who does not obtain a UK grant can instead appoint a trustee of the estate assets in accordance with section 36 of the Trustee Act 1925. (TA 1925). That trustee can only prove their title by reference to a grant of representation.
The civil remedy for failure to take out a grant is by a citation. If an executor has acted, they can be compelled to take probate.
If a person takes possession of and administers any part of the deceased’s estate and effects without obtaining a grant within:
six calendar months after the death of the deceased or
two calendar months after the termination of any suit or dispute respecting the Will or the right to letters of administration if there is any such dispute that is not ended within four calendar months of the death, then
they will be liable to pay £100 (under the Stamp Act 1815 (SA 1815).
A grant in common form is one issued on an unopposed application or
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.