Probate

When a person dies somebody has to manage their estate (the money, property and possessions that they leave). This will involve collecting together the assets, paying any debts and distributing what is left to those people entitled to it. It is often necessary to obtain a Grant of Representation to do this.

There are three types of Grant of Representation:

  1. Probate - issued to one or more executors of a Will.
  2. Letters of Administration (With Will) - issued where there is a Will but there is either no executor named or the executors are unable or unwilling to act as such.
  3. Letter of Administration - issued when the deceased didn’t leave a Will, or the Will is invalid.

If the person did not make a Will, or there are no executors, or the named executors are unable or unwilling to act as such, application should normally be made by his or her next-of-kin in the following order of priority:

  • Lawful husband or wife (common-law partners have no entitlement to a grant)
  • Sons or daughters (excluding step-children)
  • Parents
  • Brothers or sisters
  • Grandparents
  • Uncles or aunts

A grant cannot be issued to any person under the age of 18.

Applying for a grant

For application forms and help completing them you can: