When dealing with the estate of a loved one who has passed away, one of the first steps is obtaining legal authority to manage their affairs. In the UK, this comes in the form of a Grant of Probate or a Grant of Letters of Administration. While both serve a similar purpose, they apply in different circumstances.

What is a Grant of Probate?

A Grant of Probate is issued when the deceased left a valid will. The executors named in the will are responsible for applying for the grant, which gives them legal authority to administer the estate, including accessing bank accounts, selling property, and distributing assets to beneficiaries.

What is a Grant of Letters of Administration?

A Grant of Letters of Administration applies when there is no valid will (intestacy). Instead of executors, the law determines who can administer the estate – usually the next of kin, such as a spouse or child. This person, called the administrator, must apply for the grant before they can deal with the estate’s assets.

Real-Life Example: Do You Need a Grant?

A recent enquiry involved an individual who assumed he could simply collect and distribute his late father’s money without obtaining a grant. However, financial institutions require official proof of authority before releasing funds. Without a Grant of Probate or Letters of Administration, he was unable to access the accounts, highlighting the need to apply for the correct grant.

Preventing a Grant: Understanding Caveats

In some situations, a person may wish to prevent a Grant of Probate or Letters of Administration from being issued. This is where a caveat comes in. A caveat is a legal notice lodged with the Probate Registry that stops a grant from being issued until the matter is resolved.

Caveats are commonly used in disputes, such as:

• Challenging the validity of a will – for example, if concerns exist about undue influence or lack of mental capacity.
• Disputes over who should administer the estate – such as when multiple parties believe they are entitled to act.

Real-Life Example : Misunderstanding Caveats

A client mistakenly thought that a caveat was lodged with the Land Registry to prevent the sale of a house. However, a caveat actually prevents the issuing of a grant , meaning no legal authority exists to sell the property in the first place. Since no financial or legal transactions concerning estate property can occur without the grant, lodging a caveat effectively halts any action related to the estate.

How to Lodge a Caveat

The caveat process is quick and inexpensive. It costs just £3 and can be lodged by any person with an interest in the estate or who has a claim against it. It serves as a simple way to delay the process while disputes are addressed. However, if a caveat is continually renewed without further action, the other party may apply for directions or for its removal – something our expert solicitors have handled on both sides of the dispute many times.

Why Acting Fast Matters

Executors and administrators may come under scrutiny from beneficiaries waiting for their inheritance. Delays or inaction can lead to disputes, and in cases where a will is contested, time is critical. If a grant has already been issued, assets may have already been distributed or sold, making disputes significantly more complex. Acting quickly and seeking legal advice early can help prevent costly complications.

If you are facing estate administration challenges, whether applying for a grant, disputing a will, or lodging a caveat, expert guidance can ensure you take the right steps from the outset. Contact us on 0800 1380 458 or email help@switalskis.com

You can catch up with Sandra at the Doncaster Business Showcase at Doncaster Racecourse on Thursday 27 February.