Grants of Representation

The High Court has the power to grant probate of a will to one or more of its executors. It may grant administration to such persons as the High Court determines in accordance with the court rules. This does not prejudice the power conferred on the High Court relating to the grant of administration to nominees of the Crown in cases involving the Crown.

A grant may be limited as the Court deems fit. In proceedings related to the validity of a will or for revoking a grant, the Court may grant administration of the estate to an administrator pending determination of the matter. The administrator should have general rights over it, except for the right to distribute the deceased’s estate.

The administrator shall be subject to the immediate control of the High Court and must act under its direction. The High Court may assign reasonable remuneration.

If, after 12 months from a person’s death, a personal representative to whom a grant has been made is residing out of the High Court’s jurisdiction, the High Court may, upon application by a creditor or a person interested in the estate, grant special administration of the estate.

The High Court may, for legal proceedings purposes, treat the administrator under special administration as a party or for the transfer of monies belonging to the estate of the deceased party. If the special administrator becomes aware that a personal representative capable of acting and residing within the jurisdiction exists, they should apply to have that party made a substitute party.

The High Court may grant representation to a close associate appointed under the will or may grant administration to a trust company. An officer of the trust corporation authorized by the directors may swear the relevant affidavits.

The High Court may recall or revoke a grant if it ought not to have been made, contains an error, or if the Court is satisfied it should be revoked at the instance of a party interested.

The County Court has jurisdiction in probate matters where the estate does not exceed £15,000. It has the jurisdiction of the High Court in contentious probate matters and revocation.

The relevant County Court is where the deceased had a place of abode at the time of their death. The net estate includes all property which the deceased had power to dispose of, less funeral expenses, testamentary administration expenses, debts, and liabilities.

The High Court may cite a person appointed by an executor to prove or announce a will. This enables probate to be taken out by a person with primary right to do so.

Wills may provide for a caveat against a grant of probate. No grant may be given if the caveat is enforced. Wills specify how a caveat may be warned and terminated.

When a person is granted administration of an estate, the High Court may require that sureties be entered for the proper administration of the estate. The sureties are answerable in consequence of the breach of the administrator’s duty.

An application for a grant or revocation of a grant is made to the Probate and Matrimonial Office. It may be made in person or through a solicitor. If it appears to the probate officer or registrar in charge that an application has been duly made, they may grant probate or administration in the name of the High Court and under the seal of the branch office.

A Circuit Registrar shall not make a grant in a contentious matter until a dispute is disposed of or where there is doubt or a question on the issue of the grant. In such cases, the registrar shall refer the matter to the High Court.

The High Court may direct the registrar to proceed with the matter in accordance with instructions or forbid any further proceeding by the registrar, leaving the party applying for the grant to apply to the High Court or, if available, the County Court.

As a general position, the High Court shall not issue a grant of probate or accept any grant made outside the United Kingdom unless evidence is produced for the payment of inheritance tax.

The originals of wills and documents relating to each granted probate or administration are to be kept in the probate office or such other place as directed. Where representation is granted at the branch office, the original is to be kept at the branch office or as directed. The mentioned wills and documents may be inspected in accordance with the court rules.

Records are kept for all grants issued by the probate office in prescribed formats. An official copy of a certificate of grant may be issued, which is a sufficient copy of the will.

Subject to arrangements between HMRC and the probate office, the probate office is due to deliver copies of grants of probate, administration, and such certificates as required by the commissioners.

A safe and convenient depository for the custody of wills of living persons shall be provided in accordance with directions given by the Lord Chief Justice. Certain officeholders may be nominated to undertake the functions.

When a person announced as a probate candidate fails to appear or survives the testator but then dies, their rights as an executor cease. Representation and administration shall involve the person as if they had not been appointed executor.

A person who has renounced probate may withdraw the renunciation with the consent of the court. The previously granted probate takes effect without prejudice to the actions or dealings of the person who has previously proved the will or to whom administration has been given.

When a grant of probate is made to one or more persons appointed executors, all the powers of a personal representative may be exercised by the proving executors only.

The executor of an executor or the last surviving executor shall be the executor of the testator, except for a person who has not proved the will of the testator. If the executor of an estate leaves surviving some other executor of the testator who afterwards proves the will, this provision does not apply when a probate is granted to that surviving executor.

As long as the chain of representation is unbroken, the last executor in the chain is the executor of every preceding executor. The chain may be broken by intestacy, failure to appoint an executor, failure to obtain a grant, or a grant of administration not by the court.