Administration de bonis non : Entitlement

Trusts Discussion
1

Mr F died intestate with Mrs F surviving him. Mrs F gave her daughter D a power of attorney to take out a grant of Letters of Administration in Mr F’s estate for her use and benefit.

Mrs F then died. Mrs F’s Will appointed her daughter D and her son S as executors. Currently D and S have given a power of attorney to a professional T for T to take out a grant for their use and benefit regarding Mrs F’s estate.

D’s authority to act under the grant in Mr F’s estate ceased when Mrs F died. As the whole of the beneficial interest in Mr F’s estate would have gone to Mrs F, we understand that the PRs for Mrs F are entitled to take out a grant de bonis non in Mr F’s estate. Ideally, as there is a claim in process (as claimant) in Mr F’s estate the person named on the grant would be D.

We are unsure whether D could take out the grant de bonis non with power reserved to S, since they have given a power of attorney to T regarding Mrs F’s estate;

Or

Should we be looking to get D and S to revoke their Power of Attorney to T and then D take out a grant in Mrs F’s estate with power reserved to S. Then subsequently apply for a grant in relation to Mr F’s estate naming D with power reserved to S.

We would be very grateful for your thoughts and comments on the above.

Paul Lowery
Boyes Turner

2

First of all, is there some valid reason to revoke the POA in favour of T? It seems to me that T can obtain the Grant for Mrs. F, and then obtain a Grant de Bonis Non for Mr. F.

However in an intestacy (as appears for Mr. F), those entitled to inherit his estate (being D and S apparently), then D and S should apply for the Grant to Mr. F’s estate.

The problem may be that D and S are Mrs. F’s children but not Mr. F’s children, in which event again you are back to the persons entitled to inherit Mr. F’s estate who have the right to take out a Grant to his estate according to their seniority.

In a recent case I was involved with, and if there has been a falling out with T, then your second suggestion seems to be the best course of action to take (so long as mentioned D and S have the right to inherit Mr. F’s estate. There is no “stepping into the shoe” of Mr. F’s administrators in an intestacy).

You may even find the local probate registry prepared to give their views (without liability etc, etc).

Peter Double
Probate Resealing Services