Can a personal representative who obtained a Grant as attorney on behalf of the named executor of a deceased’s estate, act under the authority of that Grant, to apply for a Grant for a separate estate, of which the deceased was the executor and sole residuary beneficiary (but where the deceased never obtained a Grant and there is no substitute executor). The application would therefore be by the executor of the deceased as residuary legatee or devisee under Rule 20(d) of NCPR 1987 (or rather, in this case, by the attorney who took out the Grant for the deceased’s estate on the executor’s behalf).
The deceased’s named executor (who appointed the attorney) would like the attorney to deal both with the deceased’s estate and also the separate estate of which the deceased was sole executor/residuary beneficiary.