Administration - Executor's Entitlement to Grant Flashcards
(13 cards)
What type of grant is issued where there is a valid will and an executor is acting?
A grant of probate.
What grants apply when there is no executor, or none is able to act?
- Grant of letters of administration (with will) – valid will, no executor able to act
- Grant of letters of administration (intestacy) – no valid will
Who is entitled to apply for a grant of probate?
Only those named as executors in the will.
Can a named executor transfer their right to act to someone else?
No—but they may appoint someone under a power of attorney to act on their behalf.
What factors disqualify someone from acting as an executor?
- Pre-death of the testator
- Being a minor (but power may be reserved)
- Lacking capacity
- Divorce/dissolution after will (unless expressly overridden)
What is the minimum and maximum number of executors?
Minimum one, maximum four may be named on the grant of probate.
What happens if more than four executors are named in the will?
They must agree which four will act. Others may have power reserved.
What is “power reserved”?
A named executor may decline to apply for a grant initially but retains the right to apply later if needed.
What happens if a PR dies after a grant is issued but the administration is incomplete?
- If multiple PRs remain, they continue
- If no PRs remain, the solution depends on whether the chain of representation applies
What is the chain of representation ?
If a proving executor dies having appointed their own executor, and that executor obtains a grant, they may act as executor for both estates.
When does the chain of representation not apply?
When the PR was an administrator, not an executor.
What is a grant de bonis non?
A second grant issued when no PR remains, the original grant exists, and administration is incomplete.
When is a grant de bonis non required?
- The last/sole PR dies
- There is no valid chain of representation
- Administration is still incomplete