After the death of a loved one, a Grant of Representation will need to be obtained so that their estate can be administered.
A Grant of Representation is a legal document that will establish who can access bank accounts, sell property and deal with other possessions that are in the name of the person that died.
There are three types of Grant of Representation that can be obtained in England & Wales. The type of Grant that is needed, will depend on whether the person that died left a Will and whether the Executors named in the Will wish to act. In all cases, an application to the Probate Registry is required.
Completing Probate Application Form PA1
You can apply for a Grant of Representation by completing form PA1 if you are named as an Executor in the Will of the person that died, or if you are a next of kin and there is no Will.
When you have all the supporting information and documents (listed below), you will need to submit the competed PA1 application form to the Probate Registry as well as swearing an Oath. You can choose to ‘swear an Oath’ in a Solicitor’s office of your choosing or at a Probate Registry Office.
You will need to provide the following information about the person that died:
- Their name, address, occupation, date of birth and date of death
- List of their assets and details of the assets
- Details of their relatives
Details also need to be provided about the Will (if there is one) and all applicants on the form PA1 will need to select options on how they wish to deal with the estate. This includes:
- Acting as an Attorney
- Acting with Powers Reserved or
- Not acting by Renouncing.
Details of all Grant of Representation applicants will need to be provided and a summary of the Inheritance Tax (IHT) in the estate will need to be declared.
Once form PA1 is completed, submit the form to the Probate Registry together with their fee of £215 plus 50p per copy of the Oath.
Inheritance Tax Forms & Other Documents Needed
You will need to submit Inheritance Tax declaration forms with the Grant of Representation application which will either be Form IHT205 or IHT400.
In certain circumstances additional Inheritance Tax forms such as IHT217 and schedules to the IHT400 will be required.
Whether or not there is Inheritance Tax to pay, Inheritance Tax forms are required to be submitted in all applications for a Grant of Representation. A Grant of Representation will not be issued unless you use the forms to declare that there is no tax to pay or HM Revenue & Customs (HMRC) have given you authority to obtain the Grant of Representation, where tax is due.
Supporting documents will also need to be sent with your PA1 application including:
- The death certificate
- Original Will and Codicils
- In some cases copies of other documents like a Lasting Power of Attorney and evidence of asset valuations will be required.
The tax forms that need to be submitted will depend on the size of the estate and who the beneficiaries are. It is worth carefully checking that all tax forms are correctly obtained and completed carefully before submitting the Grant of Representation application, as providing incorrect information can lead to fines by HMRC.
What Happens after Form PA1 is Submitted?
Once your Grant of Representation application has been processed, the Probate Registry will contact you to attend an interview at a Probate Registry Office where you will swear an Oath or they send you an Oath for you to swear at a local Solicitor’s office.
If the Probate Registry have no further queries, then the Grant of Representation will be sent to you by the Probate Registry.
The cost of getting the Grant of Representation application wrong can be high, especially when an estate is taxable. HMRC can issue fines for incorrect or late submissions and delays can be incurred if the Probate Registry have queries with the application. For this reason, we recommend that in all circumstances you take professional Probate advice before submitting the PA1 application form.
At Co-op Legal Services our Probate Advisory team offers free initial advice.
Our Probate Solicitors and specialists can take all the stress and pressure away from you at this difficult time by completing the Grant of Representation application process for you. This means that you do not have to attend a Probate Interview at a Probate Registry Office and you will not have to complete the PA1 application form.
For free initial advice and guidance call our Probate Advisors on 03306069584 or contact us online and we will help you.
Co-op Legal Services are regulated by the Solicitors Regulation Authority (SRA).