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Am I entitled to a grant ? There are rules which govern who may be given a grant. The following points are a brief guide for you:- 1. If there is a Will with named executors they are the first people entitled to a grant. 2. If there are no executors or the executors are unable or unwilling to apply, the next person entitled to a grant is any person named in the Will to whom the estate or remainder of it, after gifts have been paid, has been given. 3. If the deceased has not made a Will, application for a grant should normally be made by his or her next of kin in the following order of priority:-
Note: A grant cannot be issued to any person under the age of 18. If you are not sure whether you are entitled to apply you should still complete and return the forms and we will let you know. If you are a distant relative please supply a brief family tree showing your relationship to the deceased. When more than one person is entitled to a grant they may all obtain a grant together. However, a maximum of four applicants is allowed and all applicants will have to attend an interview. In most cases only one person needs to obtain the grant but there are circumstances when it may be necessary for two people to do this, e.g. if anyone entitled to the estate is under the age of 18. If this is the case we will let you know as soon as possible after we have received your application. Although the Probate Registry needs to account for all the executors named in a Will they do not all have to apply for probate. The other executor(s) may either renounce all their rights to probate or they may reserve the right to apply for probate should it become necessary in the future (.power reserved.). The .power reserved. option is the most common one and is used, for example, when the executors live in different parts of the country or it is not convenient for one of them to attend the interview due to work commitments. Only the executor(s) who attend the interview will be named on the grant and then only their signature will be required to release the assets. Please ask any executors who do not wish to apply which option they prefer and complete their details on form PA1. We will send you the relevant form for them to sign once we have checked your application. If the person who is entitled to the grant does not wish to apply, they may appoint someone else to be their attorney to obtain the grant on their behalf. If this is the case you should complete their details on form PA1 (Section C). We will send you a form for them to sign after we receive your application. If it is not possible to issue a grant to you, we will explain the reasons.
Below are forms and guidance notes made available to you to guide you through the process of probate. This information refers only to the law in England and Wales. If the deceased was permanently resident outside England and Wales another system of law may apply – this will be explained when we receive your application. If you need to apply for a Grant of Representation in Scotland or Northern Ireland, you should contact the court in the appropriate country.
For more information see The Court Service |
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