The Testator appointed her best friends as her Executors. One of those appointed has died and the other is elderly and in poor health. The surviving executor would like to renounce probate and for the Testator’s children to apply for the Grant which they are happy to do. However, the Residuary Estate is left on Discretionary Trusts of which the children are only two of the potential beneficiaries along with their (minor) children and others. Would the Testator’s children be entitled to apply for a Grant of Letters of Administration with the Will annexed in these circumstances?
Henrietta Brett
Willett & Co Solicitors