A guide to probate and Letters of Administration

Written by Jessica Bomford, November 15, 2024

If you are applying for interim compensation and ultimately full compensation on behalf of someone who has died as a result of treatment with contaminated blood products, you will need to obtain legal documents called Grant of Probate or Letter of Administration before you can begin. This applies to England, Wales and Northern Ireland. In Scotland, the document is called Confirmation.

We’ve spoken to experts in this field to answer your questions to make this process as easy as possible.

Overview

To apply for interim or full compensation on behalf of a deceased person’s estate you will need either a Grant of Probate or a Letter of Administration. Even if you have received interim compensation as a bereaved partner without either document, you will need it for any future applications. Government guidance on how to apply is here.

Key terms explained

Estate

The assets and liabilities of a deceased individual at the time of their death​.

Intestacy

When a person dies without leaving a will, their estate has to be shared out according to the rules of intestacy’. In this circumstance the deceased would have died ‘intestate’. ​

Personal representatives

Someone who’s entitled to wind up the affairs of someone who has died. ​

Rules of Intestacy

These rules outline who is entitled to benefit from the estate and who can act as a personal representative. For example, spouse/children, parents, siblings etc. ​

Beneficiary

A person entitled to benefit from the estate of the deceased.​

Key questions

What is probate?

Probate is the legal right that someone has to administer an estate. When a person dies without leaving a will, a Letter of Administration provides the same legal right to administer an estate.

How can I find the will?

First, check any paperwork held by the deceased.​

After this, you can complete a ‘certainty’ search. This is a company that holds a National Will Register. The register is voluntary so not all wills are registered. However, the search will check the register and also contact all legal practices in the area of three postcodes (e.g. the postcodes for the deceased’s last three properties) to enquire whether a will is held. The search costs around £120.​

If there is no positive response from the certainty search and no other indication that a will has been prepared, you can proceed on the basis that a will was not held. ​In cases where the deceased died years ago, it may also be worth conducting a Probate Registry Search for a will using the deceased’s full name and date of death.

What do I do if there’s no will?

The estate will be dealt with under the rules of intestacy. This outlines who is entitled to the estate and who can act as a personal representative. This is usually a surviving spouse, child, parent or sibling.​

 ​A Grant of Letters of Administration is obtained rather than a Grant of Probate and the application process is slightly different and usually takes around four weeks longer. ​

​Specific rules on how the estate will then be divided between beneficiaries – usually shared amongst a surviving spouse and children, but there is a prescribed order of priority in the rules.

What if you have lost the will?

If you know there was a will you need to demonstrate you have made attempts to look for it. Send this with the other forms to the Newcastle address. Use this form to report a will lost.

Why do I have to apply for probate?

Probate is the legal right that someone has to administer an estate. ​

A Grant of Probate/Grant of Letters of Administration is the document from the Probate Registry which confirms an individual’s right to deal with the estate. ​

The Infected Blood Compensation Authority and the Infected Blood Interim Estate Payment Scheme and the infected blood support schemes in Wales, Northern Ireland and Scotland require a Grant of Probate or Letter of Administration or Confirmation in order to make payments to a deceased’s estate.​

You will need to apply now if this document was not previously obtained – it is required in the interim payment to estates application form. Please note, probate can only be applied for once.

Apply for a grant of probate

The process differs depending on the circumstances, such as if there is or was inheritance tax to pay, if there is a will etc. ​

The personal representative can apply themselves and there is some guidance on the government website. However, it is advisable to get a solicitor to help as it can be difficult to rectify if mistakes are made in the application. ​

Interim compensation applications should be done on paper and sent to Newcastle, you’ll find the address below.

Application fee of £300 (subject to fee remission in certain circumstances) and legal fees can be claimed in the sum of £1500.

Reclaiming costs

You can find out more about reclaiming the costs of your application here and paying court and tribunal fees here.

Getting costs paid upfront

If you are on benefits you can use form EX160 to apply for funding for court fees and probate.

Certified copies of documents

Do not send original copies of documents. You are asked to provide certified colour copies of documents, such as probate and identity documents like passports and driving licenses. Even if your original document is black and white you need to do a colour copy. This is because the detail of the document shows up better in a colour copy.

Where inheritance tax was payable on an estate/HMRC number

If there was value in the estate at the time of death which exceeded the threshold for paying inheritance tax and you didn’t apply for probate at that time, you will need an HMRC identity number to obtain probate. You need form IHT400 to get this number.

Nil value estates

If someone had a nil value estate use the form IHT205. Nil value means that the total assets of the estate fall below the government’s threshold for inheritance tax. The threshold is currently £325,000. The form states it is for deaths between 2011 and 2021, but we have had confirmation that you should use this form for anyone who died after 1982. This document may be useful: IHT400 Rates and tables

Application forms

If there was a will and you are applying yourself not through a solicitor use the PA1P form.

If there was no will and you are applying yourself use the PA1A form.

If you are applying using a solicitor then there are separate version of this form available. Tell any professional you may hire about the fast track service for probate as they may not be aware of it.

Where to send your application

It usually takes about 16 weeks to obtain probate, but there is a dedicated fast-track probate service for the infected blood community who are applying for compensation.

Written applications should be sent to: Newcastle District Probate Registry, 2nd Floor Kings Court, Earl Grey Way, North Shields NE29 6AR telephone 03003030648

Email: [email protected]

Following up an application

In England and Wales (we are waiting for information on Northern Ireland and Scotland, apologies)

Email the Probate Service after applying with:

  • case reference number for your probate application
  • full name of the person who died
  • date of death.

Probate Service’s email is [email protected]

You can also contact the claims team at [email protected] for more guidance.

Disputes

There are lots of areas in the process which may lead to disputes within families. These include who should apply for probate, who should or should not inherit and changes in family circumstances. Complex situations such as this will need to be dealt with by a legal specialist and we would recommend you consult a solicitor with experience in this field. Use this tool to find a reputable firm.

Comments, questions or clarifications?

If you have any information that would be helpful to add to this document, please tell us. We are finding out new details all the time. Email us at [email protected]