Beneficiairies Appointed As Administrators

I have been approached regarding a Will which appoints X to be an Executor and, failing him, a partner of this firm. It is worth pointing out that the partner of this firm was not consulted by the Testatrix as to his appointment.

The residue is split between the deceased’s children upon attaining the age of 25. They are currently below this age, but are both adults.

The first Executor has renounced. If the second Executor renounces, are the children able to apply for a GoLoA with Will annexed? It seems to me that despite not having a vested interest, they would still be first in line to apply to be Administrators. There is no spouse.

Do others agree?

Martyn Dixon
Harold Bell & Co.

Yes, it appears to be practically a right under Rule 20 (and which includes reference to beneficiaries subject to a contingency).

Andrew Goodman
Osborne Clarke LLP