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?