Q&As

Where the sole executor and residuary beneficiary (A) of the testator T’s estate survives T but dies before taking a grant of probate, leaving a Will appointing B as executor of their own estate, what steps are required in order for B to administer T’s estate?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert
Published on: 17 January 2024
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On the basis that the sole appointed executor (A) died before taking out the grant in T’s estate and there is no surviving executor (nor a substitute executor), the chain of representation has been broken and the grant will need to be one of administration with Will annexed. See Practice Note: The chain of representation.

The Non-Contentious Probate Rules 1987, SI 1987/2024, r 20 sets out the ‘Order of priority for grant where deceased left a Will’. The first person in that order is the executor (ie A) but in the absence of an executor (ie because A has died) it is necessary to scan the subsequent list to determine a surviving person who is able to apply for a grant. As noted in the question, it is likely that A’s personal

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United Kingdom

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