Published on: 11th August 2025

Downsides of Administering an Estate Without a Grant

While it may be tempting to bypass the formal probate process—whether to gain quicker access to a deceased person’s assets or to avoid the costs associated with obtaining a Grant of Probate—the decision to informally administer an estate (i.e., without a grant) carries significant and often overlooked risks.

Key Risks and Pitfalls

1. Inheritance Act Claims
   
   
• Time limits for bringing claims under the Inheritance (Provision for Family and Dependants) Act 1975 do not begin until a grant is issued. This leaves the estate vulnerable to potential claims for an extended period.
  
  
2. Creditor Protection
   
   
• Without formal probate, those administering the estate may fail to place advertisements for creditors. This means they lose the protection afforded by Section 27 of the Trustee Act 1925, exposing themselves to personal liability for any undiscovered debts of the deceased.
  
  
3. Safekeeping of the Will
   
   
• Without submission for probate, the original Will might not be preserved appropriately. If it is lost or mislaid, serious and unexpected consequences could follow, particularly in determining the deceased’s final wishes.
  
  
4. Conflicting Applications
   
   
• Another individual could apply for a grant based on a different Will or entitlement. In such cases, any institutions that previously released funds or assets might demand their return to ensure compliance with the legitimate grant holder, leading to complications and potential legal disputes.
  
  
5. Risk of an Earlier Will
   
   
• A grant could be obtained based on an earlier version of the Will, opening the door to expensive and protracted probate litigation.
  
  
6. Unidentified Government Claims
   
   
• Agencies like the Department for Work and Pensions (DWP) regularly review probate records. Without a grant, issues such as overpaid benefits may go undetected until later, resulting in unexpected and potentially large repayment demands.
  
  
7. Inheritance Tax Oversights
   
   
• Completing a probate application forces a thorough inventory of the estate’s assets. This often serves as the moment when inheritance tax liabilities become apparent. Without this step, tax obligations may be overlooked or delayed, potentially incurring penalties.
  
  
8. Transferable Nil Rate Band (TNRB) Issues
   
   
• Where a surviving spouse or civil partner's estate seeks to claim the transferable allowances, having a prior grant for the first deceased's estate can significantly streamline the application process.
  
  

Conclusion

Although informal administration of an estate may seem cost-effective and efficient, it carries a number of legal, financial, and procedural risks. In most cases, obtaining a formal Grant of Probate not only provides legal protection to those administering the estate but also ensures compliance with tax, inheritance, and financial obligations. Ignoring the need for a grant can lead to greater expense and liability in the long run.

If you'd like help with reviewing your current estate plan, our team at Casey & Associates is here to guide you through every step. To arrange an appointment with a Consultant please telephone 01732 868 190 or click here.

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