What are Letters of Administration?
We are often asked by customers for a ‘Grant of Probate’ when it is actually ‘Letters of Administration’ that they require. So, what is the difference?
Firstly, both of these terms are actually referred to as a ‘Grant of Representation’. Both the Grant of Probate and Letters of Administration are two different types of Grant of Representation.
And this points to the fact that, in truth, they are very much the same thing. They both act as a security measure to allow the deceased’s assets to be released to one or more people who have the legal authority to act and administer the estate. These people are called ‘Personal Representatives’. It proves to the asset holders that the person with the ‘Letters of Administration’ or ‘Grant of Probate’ is the correct and authorised person to access those assets (ie that they are the Personal Representative).
The difference is that the ‘Grant of Probate’ is the legal document required by the Personal Representative when the deceased left a valid Will. ‘Letters of Administration’ is the legal document required by the Personal Representative when the deceased left no Will.
To complicate matters further, when there is a Will the Personal Representative is called the ‘Executor’ of the Estate. When there is no Will the Personal Representative is called the ‘Administrator’ of the Estate.
Letters of Administration with Will annexed
If you have followed so far you’ve done well. But here’s one more term for you – ‘Letters of Administration with Will annexed’. This is where the deceased left a Will but did not appoint any Executors, or the Executors are unable or unwilling to act.
Who can be a Personal Representative?
If the deceased left a Will, then the Personal Representative is the Executor named in the Will. If the deceased left no Will then the Personal Representative (known as the Administrator here) is identified by following something called the ‘Rules of Intestacy’. These follow a strict order laid down by Law.
Please visit https://www.affinionprobate.co.uk/ for more information.