Learning Outcomes
After reading this article, you will be able to identify and explain the main types of grants of representation in England and Wales, distinguish between the use of Forms PA1P and PA1A, and understand the legal requirements for applying for probate or letters of administration. You will also be able to advise on the correct procedure in both testate and intestate estates, including the order of entitlement and the duties of personal representatives.
SQE1 Syllabus
For SQE1, you are required to understand the practical and legal framework for grants of representation and the application process using Forms PA1P and PA1A. Focus your revision on:
- the distinction between probate (testate) and administration (intestate) grants
- the correct use of Forms PA1P and PA1A and the information required for each
- the order of entitlement to apply for a grant in intestacy
- the duties and powers of executors and administrators
- the legal effect of a grant of representation and its role in estate administration
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- In which circumstances is Form PA1A used instead of Form PA1P?
- Who is entitled to apply for a grant of letters of administration if the deceased left no will and is survived by a spouse and children?
- What is the legal effect of a grant of representation for personal representatives?
- What information must be provided in a Form PA1P application that is not required in a Form PA1A application?
Introduction
When a person dies, their estate must be collected, debts paid, and the remaining assets distributed to those entitled. In England and Wales, this process is regulated by statute and requires the personal representatives (PRs) to obtain legal authority to deal with the estate. This authority is provided by a grant of representation, which is obtained by applying to the Probate Registry using the appropriate form—Form PA1P for probate (where there is a valid will) and Form PA1A for letters of administration (where there is no valid will).
Understanding the correct use of these forms, the legal requirements for each, and the consequences of the grant is essential for SQE1.
Types of Grant of Representation
There are two main types of grant of representation:
Key Term: grant of representation A court-issued document authorising a person to administer the estate of a deceased individual. It includes both grants of probate and grants of letters of administration.
Key Term: probate A grant of representation issued to executors named in a valid will, giving them authority to administer the estate in accordance with the will.
Key Term: letters of administration A grant of representation issued to a person entitled under statute to administer the estate where there is no valid will or no executor able or willing to act.
When is a Grant Required?
A grant of representation is usually required to collect in assets, sell property, or transfer legal title to beneficiaries. Some small assets (e.g., low-value bank accounts) may be released without a grant, but most institutions require one as proof of authority.
Forms PA1P and PA1A: Overview
Form PA1P – Application for Probate (Will Cases)
Form PA1P is used when the deceased left a valid will and at least one executor is able and willing to act. The form requires:
- details of the deceased and the will (including any codicils)
- information about all executors (including those who renounce or have power reserved)
- a statement of the estate’s value (gross and net)
- confirmation that inheritance tax has been paid or is not due
- a legal declaration by the applicant(s) to administer the estate according to law
Key Term: executor A person appointed by a valid will to administer the estate of the deceased.
Form PA1A – Application for Letters of Administration (Intestacy Cases)
Form PA1A is used where there is no valid will, or no executor is able or willing to act. The form requires:
- details of the deceased and the applicant’s relationship to them
- information about all relatives entitled to inherit under intestacy rules
- a statement of the estate’s value (gross and net)
- confirmation that inheritance tax has been paid or is not due
- a legal declaration by the applicant(s) to administer the estate according to law
Key Term: administrator A person appointed by the court (usually under the intestacy rules) to administer the estate of a deceased person where there is no valid will or no executor able or willing to act.
Order of Entitlement to Apply for a Grant
Where there is no valid will, the order of entitlement to apply for a grant of letters of administration is set out in the Non-Contentious Probate Rules 1987 (NCPR r 22). The order is:
- surviving spouse or civil partner
- children of the deceased (and issue of any deceased child)
- parents
- siblings of the whole blood (and issue of any deceased sibling)
- siblings of the half blood (and issue of any deceased sibling)
- grandparents
- uncles and aunts of the whole blood (and issue of any deceased uncle/aunt)
- uncles and aunts of the half blood (and issue of any deceased uncle/aunt)
- the Crown (bona vacantia)
If more than one person is equally entitled, any one may apply, but a maximum of four administrators can act.
Worked Example 1.1
A married woman dies intestate, survived by her husband and two adult children. Who is entitled to apply for a grant of letters of administration?
Answer: The husband has first priority to apply. If he does not wish to act, either child may apply, but the husband must be "cleared off" (i.e., renounce or consent).
Information Required in the Application
Both forms require:
- the deceased’s full details (name, address, date of birth, date of death)
- the applicant’s details and relationship to the deceased
- a statement of the estate’s value (gross and net)
- details of inheritance tax paid or due
- a legal declaration to administer the estate according to law
Form PA1P additionally requires details of the will, codicils, and all executors.
Form PA1A requires evidence of entitlement (e.g., birth/marriage certificates) and information about all relatives entitled under the intestacy rules.
Worked Example 1.2
The deceased left a will appointing two executors. One executor has died and the other is unable to act due to incapacity. What form should be used to apply for a grant?
Answer: Form PA1A should be used to apply for letters of administration with will annexed, as there is no executor able or willing to act.
Legal Effect of the Grant
A grant of representation gives the personal representatives legal authority to:
- collect in and sell assets
- pay debts and liabilities
- distribute the estate to those entitled
Without a grant, PRs have no authority to deal with the estate (except for certain small assets or in limited circumstances).
Key Term: personal representative (PR) A person authorised by a grant of representation to administer the estate of a deceased person. Includes both executors and administrators.
Duties of Personal Representatives
Once a grant is obtained, PRs must:
- collect in all assets of the estate
- pay funeral, testamentary, and administration expenses
- pay all debts and liabilities
- distribute the estate to those entitled under the will or intestacy rules
PRs owe a duty of care and may be personally liable for losses caused by breach of duty.
Worked Example 1.3
A person dies intestate, survived by a spouse and minor children. The spouse applies for a grant of letters of administration using Form PA1A. What are the spouse’s main duties after the grant is issued?
Answer: The spouse must collect in the estate, pay all debts and expenses, and distribute the estate according to the intestacy rules, holding any minor children’s shares on statutory trusts until they reach 18.
Special Situations
Partial Intestacy
If a will fails to dispose of the entire estate, there is a partial intestacy. The executor applies for probate (Form PA1P) for the testate part and for letters of administration (Form PA1A) for the intestate part.
Renunciation and Power Reserved
If an executor does not wish to act, they may renounce (using Form PA15) or have power reserved (allowing them to act later if needed). The application form must indicate this.
Multiple Applicants
A maximum of four PRs can act. If there are more than four entitled, only four can apply, but others may consent or be "cleared off."
Exam Warning
If the wrong form is used (e.g., PA1P when there is no valid executor), the Probate Registry will reject the application. Always check the will and the status of executors before applying.
Revision Tip
When preparing for SQE1, memorise the order of entitlement for intestacy and the main differences between Forms PA1P and PA1A.
Key Point Checklist
This article has covered the following key knowledge points:
- A grant of representation is required to administer most estates.
- Form PA1P is used for probate (valid will and executor able/willing to act); Form PA1A is used for letters of administration (no valid will or no executor able/willing to act).
- The order of entitlement to apply for a grant in intestacy is set by the Non-Contentious Probate Rules.
- Personal representatives have legal authority and duties only after the grant is issued.
- PRs must collect assets, pay debts, and distribute the estate according to the will or intestacy rules.
Key Terms and Concepts
- grant of representation
- probate
- letters of administration
- executor
- administrator
- personal representative (PR)
