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Chapter 4: Grant of Representation - Coggle Diagram
Chapter 4: Grant of Representation
What is this:
A legal Document allowing an individual to administer a deceased person's estate
Types of Grants:
Grant of Probate
Issued when the deceased left a valid will, and the executor named in the will applies
For executors named in a valid will
Grant of Letters of Administration
Issued when there us no valid will (intestate)
For intestate estates
Grant of Letters of Administration with Will Annexed:
Issued when the deceased left a will but no executor, or the executor is unable to act
Duties and Responsibilities of the Personal Representatives (PRS)
Executors:
If there is a valid will, the named executor is responsible for obtaining the grant of probate and administering the estate
Administrators:
If there is no will, and administrator (usually the closest relative) will apply for letters of adminstration
Key Duties:
Notify creditors and beneficiaries
Collect and distribute assets according to the will or intestacy rules.
Pay any debts or taxes owed by the estate.
Application process
Forms
PA1P for probate (wills)
PA1A for intestacy (no will)
Documents required
Death certificate, original will and evidence of entitlement
Key Laws
Non-Contentious Probate Rules 1987
Procedures for applying for grants and handling probate matters without dispute
Administration of Estates Act 1925
Governs the duties of personal representatives and the process of administering estates
Important information
Common errors
Misunderstanding terminology