The type of grant needed
The type of grant needed

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

  • The type of grant needed
  • Probate
  • Administration with Will annexed
  • Letters of administration
  • Clearing off
  • Joinder
  • Persons entitled in the same degree
  • Limited grants
  • Grants on behalf of minors
  • Grants in case of mental incapacity
  • more

Probate

Where the deceased left a valid Will appointing an executor who is able and willing to prove the Will, apply for a grant of probate.

The executor(s) may be nominated either:

  1. expressly, by Will or codicil or

  2. impliedly, according to the tenor of the Will

The executor's appointment may be absolute or:

  1. limited to a period of time

  2. limited to a particular place

  3. limited to particular property

  4. conditional or

  5. substituted

If a conditional or substituted appointment, establish in the statement of truth (formerly oath) that either:

  1. the condition was satisfied or

  2. circumstances giving rise to the substitution have occurred

Administration with Will annexed

Apply for a grant of administration (with the Will annexed) where the deceased left a valid Will but there is no executor able and willing to prove it.

The right to the grant is set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), r 20.

The statement of truth (formerly oath) must clear off the executors.

Determine whether the Will contains a disposition of the residuary estate. If in doubt, consider obtaining the decision of a district judge or registrar before preparing the papers to lead the grant.

Note that where a gift in a Will fails because the beneficiary or the beneficiary’s spouse/civil partner, has witnessed the Will, that beneficiary loses the right to a grant as a beneficiary