IHTM05101 - Types of grant: main types of grant (England, Wales and Northern Ireland)
| Grant of Probate | Probate is the official
proof of a will (
IHTM12000) under which an executor (
IHTM05012) is appointed who applies for
the grant. It is evidence of the executor's authority to manage the
deceased's estate: the actual authority stems from the will itself.
Probate is conclusive proof as to the validity of the Will and of
the executor's office.
In order to obtain probate the executor must ‘prove’ the Will in the Family Division of the High Court. This involves the intending executor ‘presenting’ the will to the Court (usually through the probate registry) and swearing on oath that they believe the will to be the true and last will of the deceased. They must also submit ( IHTM05051) anIHT400 ( IHTM10021) to this office unless the estate is an excepted estate ( IHTM05021). Once probate is granted the executor can get his hands on the assets so that banks on sight of the grant will pay over any accounts, shares can be transferred into the names of the executors, etc. |
| Grant of Letters of Administration | Letters of Administration is granted where the deceased died intestate ( IHTM12101)(without a will), and the grant is the authority for the administrator to act |
| Grant of Letters of Administration with Will annexed | This type of grant is
appropriate where the deceased made a will
|
