Civil & commercial
Probate and letters of administration
Grants of representation where there is a will, and where there is not.
Authority to administer an estate comes from a grant of representation. There are three kinds. If there is a will, the executor applies for probate. If there is no will, or if no executor was appointed or the appointed person cannot act, an administrator is appointed and takes out a letter of administration. Where there is a will but no executor who can act, the grant is a letter of administration with the will annexed.
An administrator is also appointed where an executor is not named in the will, dies before the testator, or is unwilling or unable to act.