Hi all, I was hoping to get some guidance;
Mrs H died in 1986, Grant of Probate issued to sole Executrix Mrs D later the same year.
Estate administered save for property which is still to this day registered in name of “Mrs D as Executrix for Mrs H.”
Mrs J was the sole beneficiary of the property under Mrs H’s Will and has lived there all her life up until recently. Beneficiaries under Will were Mrs J (property) and her two brothers (who were residuary bens) both brothers are deceased- no other beneficiaries.
Mrs D died in 2020 intestate.
Mrs J no longer has capacity and deputies L, O and M have obtained a COP order enabling them to sell the property.
The problem is that title register states "“Mrs D as Executrix for Mrs H” is owner of the property so they have no power to sell (not sure why noone thought to check the title register to ensure she was the owner first!)
The deputies have approached me therefore to get the necessary grants to proceed.
My assessment is that we need to get a Grant De Bonis Non for Mrs H’s estate and thereafter get a Grant of Letters of Admin for Mrs D to have property transferred into Mrs J’s name to be sold.
My query is who is entitled to apply for the De Bonis Non, from my reading of NCPR Rules 20 and 35- residuary bens could have applied but they are deceased. Therefore deputies L, O and M can make app instead under NCPR35?
Do you agree? Or have I misunderstood how to go about this!
Thanks in advance