Registering the grant means producing it to the organisations, for example, banks, with which the deceased had assets as proof of the personal representative’s right to deal with the relevant asset.
At the interview with the probate registry the applicants will have been asked how many official copies (called office copies) of the grant were required and the copies will have been sent to the applicants with the original grant. An office copy bears the impression of the registry’s seal and is a good evidence of the right to deal with the assets of the estate as is the original grant. When dealing with the title to land it is sometimes necessary to endorse a record of the dealing on the original grant of representation and produce it later to show that the endorsement was made. Moreover an original grant of representation by virtue of its nature cannot be replaced. For these reasons when registering representation and for fear of the original grant being lost in transit, it is usual to register an office copy of the grant rather than the original grant.
Sometimes it is necessary to send passbooks or share certificates when sending an office copy grant for registration. Quoting the passbook or share certificate account numbers in the letters and keeping a copy of the letters will possibly assist if the original documents be lost in transit.
Shares, debentures and loan stock
I.T.G probate notes an official copy of the grant should be sent to the company’s registrar with the relevant certificates as soon as possible, so that the registrar will be aware that future interest and dividend cheques should be made payable to the personal representatives and not to the deceased and to facilitate any subsequent sale or transfer of the shares or stock.
If it is intended to transfer the shares or loan stock to one or more beneficiaries, a completed transfer deed should be sent to the company’s registrar with the relevant share or loan stock certificate and office copy of the grant. Transfer deeds can be obtained from law stationers or from the company’s registrar and are simplicity itself to complete, but it should be noted that there is a section to be completed on the back of the dead.
The address of the relevant company’s registrar can be obtained from the tax voucher which is sent with dividend or interest payments, from the company’s website on the Internet or from the company’s annual report. The address is also usually printed on share certificates, but one should be aware that companies do change their registrars from time to time and the registrar named on the share certificate might not be the current one, especially of the security has been held for some time.
If the securities are held in a stockbroker’s nominee account instead of being certified securities the grant of representation should be registered with the stockbrokers instead of registration with the company’s registrar.
Dividends or cheques
If dividends or cheques payable to the deceased have been received since the death took place, it will be necessary to send an office copy of the grant to the drawer with a request that a replacement be issued or the old cheque be amended into the name of the personal representative and the amendment initiated by the drawer.
Insurance monies and pension arrears
The companies involved will have been written to when they were notified of the death and asked to state their requirements to enable payment to be made and these should now be complied with.
If the policy cannot be found the company will pay out upon an indemnity being given and a statutory declaration being made as to the circumstances. Usually the companies will prepare and supply these documents.
When registering payment of the sum due, ask for interest from the date of death to the date of payment and how the total sum payable is split between the policy monies and interest, so that the amount attributable to tax will be known when it becomes necessary to complete the tax return for the administration period.
Debts owed to the estate
If the deceased was owed money when he died or money became due to him as a result of the death or payable to him since death, an office copy of the grant should be sent to the debtor with a request that a payment be made to the executors.