I am dealing with an estate where the client’s mother has died.The property in which mother lived is still in the name of client’s late father. Father died in 2007 leaving a Will appointing the mother as sole Executor. No Grant of Probate was taken out. The mother died with a Will and my client is her Executor.
I understand that under s.7 of the Administration of Estates Act 1925, my client automatically becomes his father’s Executor (presumably once a Grant of Probate has been taken out for mother’s estate), but how does this work in practice? Do I need to apply for an additional Grant for father’s estate after the Grant for mother’s estate has been issued and how do I go about doing so?
I believe the chain is broken if one executor does not take out a grant. You will therefore need a separate grant to the first estate. Probably administration with the will annexed in favour of a residuary beneficiary .
My understanding is that, for the chain of representation principle to apply, the grant of probate has to have been issued to the executor of the first estate before their death.
The right for the mother’s executor to take a grant to the father’s estate is established by NCPR 20(d).
As no grant was taken out for father’s estate, there is no chain.
You will need to apply for a grant on father’s estate (to transfer title) which you can do simultaneously with the mother’s.
Use Tristram oath 154
Balkrishna Patel
Stennett & Stennett