Wills and Estates Revision
Section C
*Only included information relevant for exam
*NCPR = non-contentious probate rules
Administration Overview
• The process of distributing the deceased’s estate is referred to as administration
• The people permitted by law to administer a deceased’s estate are the personal
representatives (PRs)
• PRs are either executors or administrators
• An executor is named in a person’s will but if, for whatever reason an executor is not
appointed, the law steps in and the PR is an administrator
Grant of Representation
• After making funeral arrangements, obtaining the will and obtaining details of the
deceased’s assets etc, the PR must obtain a grant of representation
• The grant of representation is a High Court order which established the authority of the PRs
and the validity of the deceased’s will, or that the deceased died intestate – basically to
ensure that the right people are the PRs
• Only once a grant of rep has been obtained, can the PRs collect and distribute the assets
• The PR will be given office copies so that this can be sent to all the relevant places
• The PR must also complete a statement of truth (SOT) which is essentially the application
for the grant
• There are three types of grant: grant of probate, grant of letters of administration with
will annexed and grant of letters of administration
Grant of Probate
• This is the appropriate grant where the deceased has appointed executors
• A SOT for executors will be attached
• Minimum of 1 applicant, maximum of 4
• The PRs may renounce (i.e. not do the job) or reserve power (i.e. do the job later)
• If a PR wishes to renounce power, he should attach the relevant form to the application for
the grant. A PR can only renounce if they have not already taken steps to administer the
estate
Grant of letters of administration with will attached
• This is relevant where there is a will, but the will itself has not or is not going to appoint any
executors e.g. the executors have died or has left out executors
• SOT for administrators will be attached
• This appoints administrators
• NCPR 20 = the order of applicants (i.e. who is most entitled to take the position)
• Min 1 applicant, max 4. However, can have a min of 2 when the will concerns a life or minor
interest
Grant of letters of administration
• Appropriate where the person has left no will at all
• Appoints administrators
• NCPR 22
Section C
*Only included information relevant for exam
*NCPR = non-contentious probate rules
Administration Overview
• The process of distributing the deceased’s estate is referred to as administration
• The people permitted by law to administer a deceased’s estate are the personal
representatives (PRs)
• PRs are either executors or administrators
• An executor is named in a person’s will but if, for whatever reason an executor is not
appointed, the law steps in and the PR is an administrator
Grant of Representation
• After making funeral arrangements, obtaining the will and obtaining details of the
deceased’s assets etc, the PR must obtain a grant of representation
• The grant of representation is a High Court order which established the authority of the PRs
and the validity of the deceased’s will, or that the deceased died intestate – basically to
ensure that the right people are the PRs
• Only once a grant of rep has been obtained, can the PRs collect and distribute the assets
• The PR will be given office copies so that this can be sent to all the relevant places
• The PR must also complete a statement of truth (SOT) which is essentially the application
for the grant
• There are three types of grant: grant of probate, grant of letters of administration with
will annexed and grant of letters of administration
Grant of Probate
• This is the appropriate grant where the deceased has appointed executors
• A SOT for executors will be attached
• Minimum of 1 applicant, maximum of 4
• The PRs may renounce (i.e. not do the job) or reserve power (i.e. do the job later)
• If a PR wishes to renounce power, he should attach the relevant form to the application for
the grant. A PR can only renounce if they have not already taken steps to administer the
estate
Grant of letters of administration with will attached
• This is relevant where there is a will, but the will itself has not or is not going to appoint any
executors e.g. the executors have died or has left out executors
• SOT for administrators will be attached
• This appoints administrators
• NCPR 20 = the order of applicants (i.e. who is most entitled to take the position)
• Min 1 applicant, max 4. However, can have a min of 2 when the will concerns a life or minor
interest
Grant of letters of administration
• Appropriate where the person has left no will at all
• Appoints administrators
• NCPR 22
