Prep 5 Application for a Grant and Post-Grant Steps

Order of Priority under NCPR 20

1. Executor

2. Trustee of the Residuary Estate

3. Any residuary beneficiary or beneficiary under intestacy

4. PR of anyone other than a trustee or life tenant of the residue

5. Any other beneficiary or a creditor

6. PR of any of the above

Conditions of Order of Priority

• A person in one category cannot apply if if another in a higher category is willing

• Those within the same category have an equal right to apply

• A beneficiary with a vested interest is preferred over a contingent interest

• Applicant must explain why anyone with a better right to apply is not doing so

Order of Priority under NCPR 22

1. Surviving spouse or civil partner

2. Children

3. Father and Mother

4. Whole siblings

5. Half siblings

6. Grandparents

7. Uncles/ Aunts

8. Half Uncles/ Aunts

9. The Crown

10. A creditor or someone who does not receive benefit

Rule 22(4)

The personal representative of any applicant who survived the deceased but they died before taking a grant may apply on their behalf

Number of Administrators under s114 Senior Courts Act 1981

One unless there is a minor or life interest involved, in which case two

Affidavit

A formal written statement of fact which a person signs under oath

Requirements for an Affidavit’s Jurat

• Signed by all parties and dated

• Completed and signed by the person witnesses and their name, address and qualification

• Must follow immediately on from the text and not on a separate page

Affidavit of Due Execution

Used to confirm compliance with s9 Wills Act 1937 and that Knowledge & Approval were present

Affidavit of Alterations

Used to confirm the timing of alterations made to a will

Affidavit of Plight and Condition

Used to conform the physical condition of the will at execution and after death

Affidavit of Search

Used to confirm steps taken to locate missing documents

Interim Distributions

Made as early payments to a residual beneficiary where the PRs are confident there is sufficient assets remaining

Considerations when Distributing

• Identity of Beneficiaries

• Nature of Interest (Vested or Contingent)

• Property to which they are entitled

• Method of Transfer

• Relieving Provisions

Timing Considerations

• IPFDA Claims - Can be served up to 10 months after grant is issued

• S27 TA Notice - Two month deadline for unknown beneficiaries and creditors

Order of Payment of Legacies

• Specific

• General/ Pecuniary

• Residuary

Appropriation under s41 AEA 1925

When paying general and residuary legacies, the PRs may choose which asses to appropriate to the beneficiaries in settlement of their entitlement

Obtaining Receipt

PRs should obtain confirmation of receipt from a beneficiary when making a distribution

Other options where a beneficiary cannot give receipt

• Express clause that allows for a minor of 16 or 17 to give receipt

• A parent or guardian provides receipt

• PRs hold the property until the minor is 18

• Trustees hold the property for the minor

• Pay the legacy into court

Estate Accounts

Provide a record of estate assets and how they have been administered, they are signed by PRs and Residual Beneficiaries to symbolise the end of administration

Three main sections in Estate Accounts

• Capital Account

• Income Account

• Distribution Account