I was appointed attorney for probate by the executor of a Will, who was also sole beneficiary. The deceased was his partner. After receiving the grant, and before administering the estate of the deceased, the executor died. Before he died we had discussed the executor changing his Will, as the sole executrix and beneficiary was his now-deceased partner, but we did not get any further. His sole surviving relatives are his two brothers.
As the estate of deceased 1 was unadministered, and deceased 2 died effectively intestate, it is my understanding that the grant issued to me under the power of attorney is now void, and I need to apply for a grant de bonis non (due to a lack of chain of representation).
After looking at a precedent statement of truth for a grant de bonis non, I have two queries:
Can the applicant for a grant de bonis non for deceased 1 be an attorney for one of the brothers of deceased 2? I can’t find a reason why not but I haven’t found a precedent for such an application.
As deceased 2 died intestate, is it necessary to get a grant for deceased 2 before applying for the grant de bonis non for deceased 1, or can an application be made on the basis of the brother being entitled to apply for letters of administration for deceased 2?
I have dealt with De Bonis Non recently - first thing to note is don’t forget you still have to use PA1P or PA1A but just specify the application you are making - I fell foul of this first time round.
I’m not sure about your first point, but with your second - are you to get a Grant of Rep for the person you are intending to be the Administrator under the de Bonis Non? If so, you may need to get the first before the second? If no, as long as the person is entitled under the deceased 2’s estate, you may be able to apply for both independently of each other?
Tricky area - I found myself drawing out family trees and who is entitled to what, to make sure the correct person made the application. As a side note, I don’t generally obtain grants under POA unless required by the client.
I have not been instructed to deal with the grant of representation for deceased 2; only to continue with the administration of deceased 1, for which I’ll need a grant a de bonis non. Are you suggesting I could therefore apply before the grant for deceased 2? I can of course apply but with current HMCTS timescales I don’t want to submit an application that leads to requisitions.