Published 13 October 2003 Last updated 2 April 2024 +show all updates
The guide has been amended to provide more information about our requirements for the grant of representation for a deceased owner, and our practice when registering a personal representative pursuant to a grant ad colligenda bona or a disposition by such a personal representative.
Section 2.5 has been added to give guidance on vesting and/or transfer of property as bona vacantia on intestacy.
Section 5 has been updated to reflect current practice where it appears from the application that the property being registered may be subject to a charge for inheritance tax.
Section 2.2 has been amended to clarify that where a conveyancers certificate is lodged in support of an application it must confirm that the grant of probate, letters of administration or court order is not limited.
Section 1.1 has been amended to clarify that we will destroy documents you send to us even if they are original certified copies.
Section 2.3.2 has been amended to include information on grants ad colligenda bona.
A new section 2.3.1 clarifies that after a grant of representation has been issued, a personal representative may delegate their function as executor or administrator to an attorney but his must be done by a power made under section 25 of the Trustee Act 1925 (as amended by section 5 of the Trustee Delegation Act 1999) which can last only 12 months and so has to be renewed if the delegation is to be for a longer period.
Section 2.2 has been amended to assist us in identifying the type of application.
Section 2 has been amended to clarify that an appointment of personal representatives obtained outside the UK is not acceptable unless it has been resealed by a court of probate in the UK.
Section 2.2 has been amended to add guidance on limited grants of administration and details of the certificate we require in those situations.
Section 2.1 has been amended to clarify that, where a conveyancer is supplying a certificate, that certificate must include confirmation of the granting of the grant of probate, letters of administration or court order in the United Kingdom.
Note 3 of section 2.2 has been amended to clarify why we request a statutory declaration or statement of truth from the attorney confirming that, as at the date of the disposition, they had not received notice of the death of the executor or person
