The effect of the issue of a grant
The effect of the issue of a grant

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

  • The effect of the issue of a grant
  • Need for a grant
  • Penalty for administering without a grant
  • Effect of grant
  • Executors
  • Administrators
  • Beneficial interest
  • Rights of beneficiaries
  • Grant not conclusive
  • Forgery and fraud
  • more

Need for a grant

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.

Penalty for administering without a grant

If a person takes possession of and administers any part of the deceased’s estate and effects without obtaining a grant within:

  1. six calendar months after the death of the deceased or

  2. 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).

Effect of grant

A grant in common form is one issued on an unopposed application or