What is a Grant of Representation?
In certain circumstances when a loved passes away it may be necessary to obtain a grant of representation to administer an estate. Many people have heard of a grant of representation but don’t usually know that there are a number of different types of grants and the circumstances vary as to when a different type of grant is needed.
There are three types of grants of representation:
A Grant of Probate
A grant of probate may be required when the deceased has made a will, the grant of probate proves the validity of the will and authorises the executor to administer the estate.
A Grant of Letters of Administration with the Will
A grant of letters of administration with the will may be required when the deceased has made a Will but the executor named in the Will cannot or will not apply for a grant. The main beneficiary under the Will generally has entitlement to apply for a grant of letters of administration.
A Grant of Letters of Administration without the Will
A grant of letters of administration without the will may be required when the deceased has passed away without making a will. The next of kin or individual with the greatest interest in the estate pursuant to intestacy generally has the right to apply for this type of grant.
What to Expect
There are a number of steps that must be completed prior to applying to the Court for a grant of representation. There are then a number of documents that must be filed with the Supreme Court. Our expert estate lawyers will make this process as painless as possible for you and your family.