Administration - Executor's Entitlement to Grant Flashcards

(13 cards)

1
Q

What type of grant is issued where there is a valid will and an executor is acting?

A

A grant of probate.

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2
Q

What grants apply when there is no executor, or none is able to act?

A
  • Grant of letters of administration (with will) – valid will, no executor able to act
  • Grant of letters of administration (intestacy) – no valid will
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3
Q

Who is entitled to apply for a grant of probate?

A

Only those named as executors in the will.

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4
Q

Can a named executor transfer their right to act to someone else?

A

No—but they may appoint someone under a power of attorney to act on their behalf.

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5
Q

What factors disqualify someone from acting as an executor?

A
  • Pre-death of the testator
  • Being a minor (but power may be reserved)
  • Lacking capacity
  • Divorce/dissolution after will (unless expressly overridden)
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6
Q

What is the minimum and maximum number of executors?

A

Minimum one, maximum four may be named on the grant of probate.

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7
Q

What happens if more than four executors are named in the will?

A

They must agree which four will act. Others may have power reserved.

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8
Q

What is “power reserved”?

A

A named executor may decline to apply for a grant initially but retains the right to apply later if needed.

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9
Q

What happens if a PR dies after a grant is issued but the administration is incomplete?

A
  • If multiple PRs remain, they continue
  • If no PRs remain, the solution depends on whether the chain of representation applies
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10
Q

What is the chain of representation ?

A

If a proving executor dies having appointed their own executor, and that executor obtains a grant, they may act as executor for both estates.

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11
Q

When does the chain of representation not apply?

A

When the PR was an administrator, not an executor.

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12
Q

What is a grant de bonis non?

A

A second grant issued when no PR remains, the original grant exists, and administration is incomplete.

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13
Q

When is a grant de bonis non required?

A
  • The last/sole PR dies
  • There is no valid chain of representation
  • Administration is still incomplete
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