If the deceased made a valid will in which there is an effective appointment of executors, the will authorises the executors to act in the estate and the deceased’s assets vest in the executors at the date of death. Therefore, technically, an executor could administer an estate without a grant but, in practice, he needs a grant to prove title in court.


If the deceased did not make a will or there is a will but not an effective appointment of executors, the person intending to act as personal representative is referred to as an “administrator” but he has no authority until the court issues the grant to him.

Categories: Probate, Procedure