PG1
Applying for a Grant of Representation:
Who can apply and How do I apply?
Applying for the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die is called applying for a grant of representation.
If the person left a will, you’ll get a ‘grant of probate’.
If the person did not leave a will, you’ll get ‘letters of administration’.
In the Falkland Islands, a grant of representation will always be required to deal with the estate of the person who has died and to give permission to make contact with each asset holder (for example, bank or insurance).
Who can apply
If the person left a will
You can apply if you’re an executor - someone named in the will, or in an update to the will (a ‘codicil’), as a person who can deal with the estate.
You will need the will and any codicils to apply. These must be original documents, not photocopies.
The person who died should have told all executors where to find the original will, for example:
- At their house
- With a legal practitioner
- With the Registry Office
If the person did not leave a will
You can apply for letters of administration if you’re the person’s next of kin, in the following order of priority:
1. The married partner or civil partner
2. Their child (including adopted children, but not step-children)
3. Their parent
4. Their brother or sister
5. Their grandparent
6. Their uncle or aunt
You can apply if you were still married or in a civil partnership with the person when they died, even if you were separated from them.
You cannot apply if you’re the partner of the person but were not their spouse or civil partner when they died.
Joint applications
Usually only one person needs to apply for a grant of representation.
If more than one person is named as an executor, you must all agree who makes the application for probate. Up to 4 people can apply. If only one executor applies, they’ll need to prove they tried to contact all executors.
If the person entitled to the estate is under 18 years of age, two people are legally required to apply.
Only the executors who make the application will be named on the grant.
If you do not want to or cannot be an executor
The will may name a replacement executor for someone who becomes ‘unwilling or unable’ to deal with the estate.
You do not want to be an executor
You can do one of the following:
- give up your right to apply for probate (known as ‘renunciation’) - complete Form PR2 and then ensure that is filed with the petition.
- Reserve your right to apply for probate later if another executor cannot deal with the estate (holding ‘power reserved’)
- Appoint an attorney to act on your behalf - fill in an attorney form (Form PR3) and ensure it is filed with the petition, or send a signed Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA).
When an executor is unable to apply for probate
A replacement executor should apply for probate if the executor is unable to, for example because:
- they've died
- They do not have the ‘mental capacity’ - get a doctor to fill in a medical certificate form (Form PR4) and file with the petition.
How to apply
There is a will:
Complete Form PR1 up to section 6. Once you have done this, call the court office and make an appointment with the Registrar of the Supreme Court to complete and file your petition. You will be advised of the next steps at this appointment.
There is a will, but no executors are willing or able to apply for probate:
Complete Form PR1 up to section 6. Once you have done this, call the court office and make an appointment with the Registrar of the Supreme Court to complete and file your petition. You will be advised of the next steps at this appointment.
There is no will:
Complete Form PR1 up to section 5. Once you have done this, call the court office and make an appointment with the Registrar of the Supreme Court to complete and file your petition. You will be advised of the next steps at this appointment.
What happens if there is no will , no next of kin or nobody willing to apply?
The Court will notify the Official Administrator who is a public officer appointed to act in in these circumstances.