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What is a Grant of Representation?

Usually, the person who transfers a property is the actual owner. But this is not always the case.  When the owner of a property has passed away, an intended beneficiary does not automatically take ownership of it. The property can only be transferred to an intended beneficiary by certain people.

If the owner left a will, they should have stated in the will the name of an executor to whom they have given the responsibility to make sure their estate is distributed amongst the correct beneficiaries.

If there is no will, or the deceased owner omitted to name a suitable or willing executor, then the job of distributing the estate falls to the deceased owner’s next of kin. (There is no one definition for next of kin but, in the context of dealing with a deceased’s estate, identifying the next of kin follows the intestacy rules.) 

However, a will naming you as the executor or documents showing that you are the next of kin (such as a marriage or birth certificate) do not automatically give you the right to sell a property on behalf of the deceased owner.

You need to apply to the Probate Registry to for a grant of representation. In a nutshell, a grant of representation is a document that gives you the legal right to deal with a deceased person’s estate, including transferring property to the correct beneficiary.

There are two types of grant of representation. An executor has to apply for a grant of probate, providing the original will. If there is no will or no executor, the next of kin has to apply for letters of administration – the next of kin is called the administrator of the estate.

Despite the different names, a grant of probate and letters of administration do the same thing – give the executor or administrator the power to transfer a deceased owner’s property.   

Acting as the executor or administrator of a deceased person’s estate is a great responsibility, and it can also be quite stressful, especially if the deceased was a loved one. Our friendly and impartial team of conveyancing lawyers at Phew Conveyancing can help you with the transfer of properties. Please contact us for free initial legal guidance.

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