Skip to main content
WUHLD
← Back to glossary

Grant of Representation

Also known as: Grant (probate context)

Definition

A Grant of Representation is the legal document issued by the Probate Registry that authorizes a person to administer a deceased person's estate in England and Wales, including accessing assets, paying debts, and distributing inheritances.

Understanding grants is essential for anyone administering an estate—without this document, you typically cannot access bank accounts, sell property, or complete most estate administration tasks.

What Does Grant of Representation Mean?

Grant of Representation is the umbrella legal term covering two main types of court-issued documents that authorize estate administration. Under the Administration of Estates Act 1925 and Non-Contentious Probate Rules 1987, the Probate Registry issues either a Grant of Probate (when the deceased left a valid will naming executors) or Letters of Administration (when there's no will or no executor can act). Both grants serve the same fundamental purpose—proving the personal representative has legal authority to collect assets, pay debts and taxes, and distribute the estate according to the will or intestacy rules.

The grant functions as official proof that you have legal standing to act on behalf of the estate. Banks, building societies, the Land Registry, and other institutions require this document before releasing significant assets or transferring property ownership. Without it, even close family members typically cannot access the deceased's accounts or sell their property—financial institutions need legal protection against potential claims, which the grant provides.

Sarah's father died leaving a house worth £280,000 and £40,000 in savings across two bank accounts. As the named executor in his will, she applied for a Grant of Probate through the Probate Registry. After 10 weeks, she received the grant and presented it to the banks, which released the funds, and to the Land Registry, which allowed her to sell the property. Without this grant, the banks and Land Registry wouldn't have permitted Sarah to act.

Not all estates require a grant. Under the Administration of Estates (Small Payments) Act 1965, assets below £5,000 can be released without formal probate. Many banks set their own higher thresholds—typically ranging from £5,000 to £50,000—below which they'll release funds with just a death certificate. However, property ownership transfers almost always require a grant regardless of value, as the Land Registry needs legal proof of authority. James's aunt died with £4,500 in one bank account and no property—the bank released the funds without requiring a grant because the amount fell below their £10,000 threshold.

Common Questions

"Is a Grant of Representation the same as probate?" Not exactly. Probate is the process of administering a deceased person's estate, while a Grant of Representation is the legal document that gives you authority to carry out that process. The grant is what you obtain during probate—it's the official proof that you have the right to deal with the deceased's assets.

"Do I always need a Grant of Representation to deal with someone's estate?" No, not always. Small estates (typically under £5,000-£10,000 depending on the institution) may not require a grant, especially if they only contain cash and personal possessions. However, you'll almost always need one if the deceased owned property or had assets above the financial institution's threshold, which varies from £5,000 to £50,000.

"How long does it take to get a Grant of Representation in the UK?" HM Courts & Tribunals Service typically takes 12 weeks to process and issue a Grant of Representation, though recent data shows average processing times of 10 weeks for online applications. Complex estates with disputes, inheritance tax issues, or incomplete applications can take significantly longer—potentially several months.

Common Misconceptions

Myth: "Grant of Representation" and "Grant of Probate" are the same thing

Reality: Grant of Representation is the umbrella term covering both Grant of Probate (issued when there's a valid will with executors) and Letters of Administration (issued when there's no will or no executor can act). A Grant of Probate is one specific type of Grant of Representation, but not the only type. This distinction matters because the application process and legal requirements differ slightly between the two types.

Myth: You always need a Grant of Representation to access a deceased person's assets

Reality: Small estates often don't require a grant. Under the Administration of Estates (Small Payments) Act 1965, assets below £5,000 can be released without a grant. Many banks and building societies have their own thresholds (ranging from £5,000 to £50,000) below which they'll release funds without seeing a grant. However, property ownership transfers almost always require a grant regardless of value, as the Land Registry requires proof of legal authority to transfer title.

  • Grant of Probate: One specific type of Grant of Representation—issued when the deceased left a valid will naming executors who can act.
  • Letters of Administration: The other main type of Grant of Representation—issued when there's no will or when named executors cannot act.
  • Probate: The entire estate administration process, while Grant of Representation is the specific legal document obtained during that process.
  • Executor: The person who applies for a Grant of Probate when named in the deceased's will.
  • Administrator: The person who applies for Letters of Administration when there's no will or no executor available.
  • Personal Representative: The collective term for both executors and administrators—the person to whom the Grant of Representation is issued.
  • Probate Registry: The court that issues Grants of Representation following application by the personal representative.
  • Estate Administration: What you do after obtaining the Grant of Representation—collecting assets, paying debts, and distributing inheritances.

Need Help with Your Will?

Understanding Grants of Representation highlights why naming reliable executors in your will matters. Proper executor appointment means they can apply for a Grant of Probate smoothly, rather than relying on more complex Letters of Administration under intestacy rules.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.