Revocation Needed?

Trusts Discussion
1

Hi all,

I am currently dealing with a matter where a Sole Executrix (A) had lost mental capacity and therefore was not able to take the Grant. Her son had already made an application for a Deputyship order with the CoP and therefore he and his brother made the application for the grant as the executors named if she was unable or unwilling to act.

For some reason, my colleague submitted the application before the deputyship order was granted by the CoP and unfortunately we are now in a situation where A has passed away before the order was made.

I now find myself in a situation where the application for the GoP is still with the Court, and they are awaiting sight of the Deputyship order. The opinion here seems to be that we need to reapply for LoA with the Will annexed to take account of A dying after the deceased, however, we are also assuming that we will need to apply to revoke the application for the Grant that is with the Court currently? I cannot however find a revocation that appears to suit the situation.

I have tried calling the Court/emailing and writing to them over a significant period of time and so I thought I would pick your brains for thoughts… any help will be greatly appreciated! TIA

Emma Hatswell
Male & Wagland

2

A’s death means that she is now unable to act, so that it seems to me that a registrar’s copy of her death certificate should be provided to the Court, supporting a request for return of the original papers as the basis upon which the grant application was submitted is no longer true.

The brothers can then apply for a grant of probate as the alternative executors named in the will in the normal way.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

3

Thank you Paul.

Still not having had any response from the probate registry for over 5 weeks, I am going to try and submit a new application with the Death Certificate and hope for the best. Very grateful for your reply.

This would all be so much easier if there was an actual way to communicate with the probate registry!!

Emma Hatswell
Male & Wagland