The Grant of Representation shouldn’t be confused with a Grant of Probate and is the document issued by the court which entitles the executors to administer the deceased’s estate. The type of Grant of Representation is dependent on the deceased’s circumstances.

• The Grant of Probate is issued to the executors named in a Will.
• Where there is no Will, no named executors, or the named executors are unable to apply for probate, Letters of Administration are issued.

HM Courts and Tribunals Service (HMCTS) has launched new standard grants of representation application forms. After the initial four week introduction period the old statements of truth will be redundant.

The aim to provide a more modern approach to the probate process is generally welcomed but early indications are that some of the forms, especially for more complicated estates where Inheritance Tax is an issue, could prove troublesome for those that chose to do it themselves rather than using a probate professional.

There are three forms that should be completed instead of the statement of truth,

• PA1A – applying for grant of letters of administration
• PA1P – applying for a grant of probate
• PA8A – applying for a caveat

HMCTS receives approximately 170,000 applications per year for grant of representation and the changes will go some way towards digitising information, reducing errors and speeding up the process.

Probate registries will still accept the old application forms until 18th May after that any application made with the old forms will be returned. This timescale was increased from 4 to 8 weeks to enable the legal sector additional time given unprecedented challenges posed by COVID-19.

The Law Society commented

With the introduction of the new forms and uniform processes, we now look forward to an announcement from HMCTS on new fees as it no longer seems justifiable to charge different fees to professionals and lay-applicants.