Application for new Grant following limited Grant

Trusts Discussion
1

I am dealing with an estate where the wife was named as the sole executor (the Will does name substitute Executors). The wife gave authority to her daughter to apply for the Grant as her lawful attorney. The daughter was not named as one of the substitute executors and instead the grandchildren are named.

After the Grant was issued and before the estate could be distributed (the Will set up a life interest trust) the wife died. The authority to the attorney has ended. I believe that the substitute executors now have the authority to apply for a new Grant. However, I am not sure whether this would be a Grant de bonis non, cessate Grant or Double Probate. I have looked on Tristram and Cootes but none of the wording for the PA1A seem to fit this scenario.

2

I had a similar situation with an attorney Grant, although in my case it was an application for a second attorney Grant - the same attorney for the substitute executor on the second Grant.

I applied for a Grant de bonis non (you’ll need a Cap A5C) and put the following wording in box 2.16 of the PA1P

‘The Previous Grant in this matter was issued to … out of (Probate Reg) on (date) as attorney for …, one of the executors named in the Will who died on …leaving part of the estate of the deceased unadministered.’

The new grant issued by HMTCS recited that the former Grant was ‘cessate’

The Probate Registry did not raise any query on the application.

3

Thank you, that’s really helpful