Probate Slides V2.0.pdf - The Rural Payments Agency - Defra

Probate

Probate TeamWhen a customer dies, our Probate Team establish who the executors oradministrators are, so we can pay them any outstanding support payments andthey can decide what to do with any Single Payment Scheme (SPS) entitlements.If you want to speak to the team, you should call our Customer Service Centre on0845 603 7777, and we will arrange for someone from the Probate Team tocontact you. You can also write to:Probate TeamRural Payments AgencyLancaster HouseHampshire CourtNewcastle upon TyneNE4 7YHThe Probate Team will check the business empowerments. These tell us who inthe business we are authorised to deal with and what they are allowed to do, suchas having access to claim information.2

Continued…After the death of a customer, the Probate Team advise the business about whatneeds to be done (for example, whether a Customer Registration Amendmentform (CREG 10) needs to be filled in). This depends on the type of business.We put businesses into four categories:‣ Sole Traders‣ Partnerships‣ Trusts‣ Limited Companies and other Incorporated Bodies3

What does RPA do if a customer dies?Sole TradersWe ask for a certified copy of the death certificate and the grant of probate(or grant of letters of administration). These tell us who the personalrepresentatives are (executors or administrators).We can sometimes make small payments to personal representatives, eitherwhere the value of the estate is less than £5,000 and the personalrepresentatives do not intend to apply for a grant, or where there is evidence ofhardship and the annual payment is small. If we do decide to make such apayment without seeing a grant, we will ask the personal representatives to fillin a form of indemnity.If the deceased has claimed support payments, the personal representativesare responsible for making sure that the scheme rules are met. For example, forthe Single Payment Scheme (SPS), they must make sure that the land isfarmed and ‘cross compliance’ rules are met, to prevent the claim becomingineligible. For more information about cross compliance, read The Guide toCross Compliance in England (2012 edition) on our website at rpa.defra.gov.uk.4

What does RPA do if a customer dies?continued…If there is only one personal representative, we ask for bank account detailsso that we can pay any money due.If there is more than one personal representative, we will ask for a collectiveagreement to be signed and returned to us. We can then make payments intothe bank account that they nominate.We work with the personal representative(s) to determine who are thesuccessors of the estate, and who will receive SPS entitlements and any futurepayments.We may need the personal representative(s) to fill in additional forms (forexample, an RLE 1 to transfer SPS entitlements) or send us other documents tous (for example, a copy of the will) so we can complete this work.5

What does RPA do if a customer dies?PartnershipsWe ask for a certified copy of the death certificate so that we can updateour records. If the partnership is continuing with the remaining partners, wewill not normally need any further documents.However, if the continuing partners change the legal status of thepartnership, or if new partners join, we will need the business to fill in abusiness structure information form. This will tell us what the structure of thebusiness is and if the partners have any other farming business interests.TrustsWe normally ask for a certified copy of the death certificate so that we canupdate our records. If a new trustee is appointed, we may need them to fill ina business structure information form if we believe they have interests in otherfarming businesses which may affect the status of the trust.6

GlossaryGrant of probateorDocument Issued by What it’s forGrant of letters of administrationProbate RegistryGives the person(s) named in the grant authorityof the court to act on behalf of the deceased’sestateDeath certificate General Registrar’s Office Confirms the date that the person diedForm of indemnity RPA Indemnifies RPA when paying claims in caseswhere the deceased’s estate was valued at lessthan £5000 and there is no grant.Collective agreement RPA Allows RPA to make payments into a bankaccount nominated by the personalrepresentativesBusiness structure informationformRequest for changes to the RuralLand Register and for the transferof entitlements (RLE 1)Customer Registration Form(Creg 01)Customer RegistrationAmendment form (CREG 10)Agent/Partnership Authorisation(SP9)RPARPARPARPARPACollects information on the legal and tradingstructure of a businessRequests changes to the Rural Land Register andor transfers of SPS entitlementsGives RPA information about a business (forexample, address, bank details orempowerments)Gives RPA changes to the information we hold fora businessGives authority to someone (for example, anagent) to deal with SPS claims for a business7