“Letters of Administration” are equivalent to Probate where the deceased left no Will or there is something not quite right about the Will.
The application process is similar, the person who would take on the responsibility has to give formal evidence to the Court to explain their right to do so, and about the background of the deceased. The Court may ask further questions and if satisfied, will make a Grant of Letters of Administration. The deceased is named, but the person responsible is called the Personal Representative “PR”, rather than Executor.
If there is a Will but, for instance, the named Executor can only find a photocopy, then the Grant will be Letters of Administration with the Will or copy of the Will annexed, and the Grant may be expressed to last only until a more recent or the original of the copy is proved.
If there is no Will, the right to take on the role follows the same order as the list of those who would benefit (see next week’s blog ‘What if there is no Will?’)
Where children under 18 are due to inherit, two people will need to apply to be responsible for the estate.
Unlike an Executor, a Personal Representative will not have any authority to deal with the estate unless and until the Grant is made. For this reason, a PR must wait before dealing with any asset until the Grant is made.
We can help to explain the situation to creditors of the estate and family, and to protect the potential Personal Representative from demands or burdens.
For further advice, please give us a call on 01795 533337 or email law@tassells-solicitors.co.uk