What is a Limited Grant of Probate?

What is a limited grant of probate in the United Kingdom

What is a Limited Grant of Probate?

The court has the power to grant probate limited by subject matter or time (IHTM5150). It also has the power to grant the administration of the estate to someone the court considers more suitable than the executor appointed in the Will.

To understand it better let's take a example suppose someone dies and his will appoints 'X' as Executrix of his literary estate and 'Y' as Executor of the rest of his estate. Here 'X' would need to obtain a limited grant of probate of deceased's literary estate.

In second situation When Doreen becomes ill she decides to move into a care home. She puts her house on the market so she can use the proceeds from the sale to pay for her ongoing care. Her estate agent finds a buyer for the house and contracts are exchanged but Doreen dies (intestate) before the sale is completed. In this case a member of the family might be able to take out a limited grant so the sale can be completed. In circumstances like these where it is important to get the grant quickly we need to deal with any application as soon as possible.

What is the procedure for applying for a limited grant of probate?

Where the deceased’s estate is solvent, section 113 of the Senior Courts Act 1981 provides that the court may grant probate or administration in respect of any part of the estate, limited in any way the court thinks fit. There are a number of different types of limited grant, including grants of administration to attorneys, grants for the use and benefit of a minor, grants ad colligenda bona and grants pending suit (pendente lite).

Limited grants, other than those to attorneys or for the use and benefit of a minor, are usually applied for when:

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there is an urgent need to administer a particular asset, there are legal proceedings where a claim has been made against the estate but the personal representatives have not been able to or not had enough time to complete an IHT400 and apply for a full grant

If you are looking for advice on inheritance tax, gifts or trusts, or need to apply for Grant of Probate, Letters of Administration or would like to take advantage of our entire Estate Administration service, visit our website for more information or contact us today.