Personal representatives & grants
Personal representatives administer the estate under the authority of a grant of representation, which also proves their title to the assets.
What "Personal representatives & grants" covers
- Executors are appointed by the will and prove it by a grant of probate; where there is no proving executor, administrators are appointed and take letters of administration.
- The order of priority to take a grant is set by NCPR 1987 r.20 (where there is a will) and r.22 (on intestacy).
- An executor's authority derives from the will and runs from death; an administrator's authority derives only from the grant.
- Grant types are probate, letters of administration with the will annexed, and simple letters of administration.
- PRs must collect in the assets, pay the debts and liabilities, and then distribute to those entitled.
- Protect against unknown claimants by advertising under Trustee Act 1925 s.27 and waiting the two-month notice period before distributing.
- Note the six-month time limit from the grant for claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For personal representatives & grants, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Distributing without first advertising for creditors and claimants under s.27.
- Distributing before the six-month window for a 1975 Act claim has closed.
- Confusing an executor (authority from the will) with an administrator (authority from the grant).
Learn this subtopic in the course
A video lesson, notes and exam-style practice on personal representatives & grants.
FAQ
Is personal representatives & grants tested on SQE1?
Yes — personal representatives & grants is part of the SQE1 Wills & Administration of Estates syllabus (FLK2) and can appear in single best answer questions.
How is personal representatives & grants examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (grant of probate, letters of administration) helps.