Understanding Probate Grants.
When someone passes away, the person responsible for administering the estate may need legal authority to do so. This comes in the form of a grant from the Probate Registry. The type of grant required depends on whether there is a Will, who is applying, and the circumstances of the estate.
At Vault Private Client, we guide clients through the appropriate application process, ensuring the correct grant is applied for based on their individual situation. Understanding the distinction between the various types of grants is key to ensuring the estate is managed legally and effectively.
The most common types of grants include:
- Grant of Probate: Issued when the deceased left a valid Will, and the named executors are applying.
- Grant of Letters of Administration: Issued when there is no Will, and the applicant is entitled under intestacy rules.
- Grant of Letters of Administration with Will Annexed: Issued where a Will exists, but no executor is named, or the named executor is unable or unwilling to act.
When Each Grant Applies.
If there is a valid Will and the named executor is applying, a Grant of Probate is needed. This is the most straightforward application where all terms of the Will are valid and the executors are willing and able to act.
Where there is no Will, the estate is deemed intestate, and a Grant of Letters of Administration is required. Only individuals entitled under the rules of intestacy – such as a surviving spouse or children – may apply.
Sometimes, a Will exists but cannot be fully administered by the named executors. This could be because:
- No executors were named
- The named executor has died
- The executor renounces their role
In these cases, a Grant of Letters of Administration with Will Annexed is required. The Probate Registry will decide who is best placed to act based on the terms of the Will and legal entitlements.
We will advise you on the correct grant required and manage the application process from start to finish. Whether you’re dealing with a straightforward estate or a more complex situation, our solicitors are here to offer clarity and support every step of the way.
THE BEST IN THE BUSINESS.
Our expert probate solicitors ensure the right grant is secured, no matter how complex the estate.
Russell Kaminski
Partner and Head of Private Client
Lucy Cresswell
Associate
Alison Rocca
Partner
Jason Stanley
Partner
Holly Greensmith
Solicitor
Matt Fleetwood
Group Chief Executive & Founder
Mark Dawson
Group Managing Director
Amanda McAlister
Head of Group Consumer Brands
Because We Are Here To Help You
We’ll advise on the right grant of representation and guide you through every step of probate.
“Russell is very knowledgeable, he offers alternatives to clients and keeps a calm and professional manner. He is efficient and will keep clients informed of what is happening."
PROBATE CLIENT
