House Clearance Help & Advice: UK Probate: Grants of Representation: Who is entitled to apply for a grant of representation?
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Obviously, not everyone who lines up to get a grant of representation for the estate of the deceased is going to get one. That’s the importance of probate law; there are complicated rules of “next of kin” that decide who most deserves official control of the finances of the deceased. This article is going to provide a brief guide to who is usually entitled to a grant of representation and the overriding authority over the estate of the deceased in the UK.
If there is a will and testament that contains named executors then those are the first people entitled to a grant of representation. If, due to any circumstance, they are unable or unwilling to apply for Probate then the next person entitled to a grant is anyone who is named in the will to whom the deceased leaves his entire estate, or what is left after gifts have been paid. Obviously, this usually serves as a fairly strong argument to the probate registry that this person was highly regarded by the deceased.
If the deceased has not made a will, or the will is not valid, his or her next of kin should be the next in priority to obtain a grant of representation. The general order of priority next of kin is this:
If the children of the deceased or their brothers and sisters have died within their lifteime then they may somtimes take their place in the order of priority. However, a grant of representation cannot be issued to anyone under the age of 18 and illegitimate relatives other than sons and daughters may not be entitled to a grant.
When more than one person is entitled then up to four of the applicants may obtain a grant of representation. On the other hand, in most practical cases only one person is needed to hold a grant of representation when dividing an esate.
There are occasions when you can apply insted of someone else if you include a note with the application explaining why they are unable to apply. This may give you preference. However, whenever the probate registry does not issue a grant they will include an explanation. If you are now interested in applying for a grant of representation then I recommend you read my article “How to apply for a grant of representation” which will discuss this subject in detail.