If a grant of probate is limited until the original Will or a more authentic copy be proved and is for the use and benefit of a person, limited until further representation, can a purchaser rely on a transfer executed by the executor named in the grant?

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Produced in partnership with Graham Stott of gunnercooke LLP

Published on: 30 January 2020

A Grant of Probate granted under the Non-contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 54 is limited ‘…until the original Will or a more authentic copy be proved’ when the original Will is lost, damaged or otherwise unobtainable.

A grant of probate is granted to a person for the use and benefit of another person under NCPR 1987, SI 1987/2024, r 31, 32 or 35 if the person entitled to the grant is unable to prove the Will and obtain the grant for some reason such as the person being a minor, residence abroad, mental incapacity or serving a term of imprisonment.

An executor may deal with real property providing that the grant is not limited either by the court or by the terms of the Will, as

Graham Stott

gunnercooke LLP

Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.

Jurisdiction(s):

United Kingdom

Key definition:

Grant of Probate definition

What does Grant of Probate mean?

The representation'>grant of representation obtained where the deceased left a valid Will appointing one or more executors who are able and willing to prove the Will.

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