Can someone remind me? I submitted to Newcastle and application for a grant of letters of administration to be issued to the mother of the intestate about a month or so ago. Unfortunately my client has died. I have notified Newcastle by email, and surprisingly, they responded immediately saying that they would like to see the death certificate once it is issued. The mother left a Will appointing her three surviving children executors. As the grant has not been issued to the mother, I presume I can just proceed with making an application for letters of administration on behalf of the three siblings, without having to wait for a grant of probate to be issued to them in their mothers estate.
Best wishes to everyone on this forum for Christmas.
I was hoping that someone might point me in the right direction on this one, but maybe as I asked the question just before the Christmas break, it may not have been picked up. Any volunteers?
My understanding is that if a sole Executor dies before the Grant of Probate is issued the Grant subsequently issued to him or her is null and void and has to be revoked. If there was more than one Executor appointed in the Will, then the DPR to which the application had been submitted can issue the Grant to the other Executor(s) on receipt of a death certificate.
Hi Cliona
Maybe my question wasn’t worded clearly, but the son died intestate and an application for a grant of letters of administration was made by his mother, the only person entitled to his estate. Unfortunately, she died just before Christmas at which time the grant had not been issued.
I will be sending her death certificate to the probate registry as they have requested. Mother was survived by three daughters who are appointed executors of her will. However, am I correct in thinking that they do not need to obtain a grant of probate In order to make an application for a grant of letters of administration for their brother’s estate?
NCPR 22 merely refers to the personal representatives of the deceased beneficiary being entitled to a grant. It does not identify that they must also have obtained a grant to “their” estate.
As an executor acts as “personal representative” even before a grant has been obtained, I suggest that Rule 22 would permit the siblings (or any one of them) to apply for a grant on the basis that they are the appointed executors of the sole beneficiary. I suggest the oath should include a statement that the applicant(s) is an executor of the deceased beneficiary’s will and intends to apply for probate to that will.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Yes Paul, having had a look at NCPR22, I agree with you that the siblings should be able to obtain a grant of administration for their brothers estate without having first of all obtained probate for their late mother. As you suggest, I will add appropriate wording to the oath. Thank you for your input.