Can the Executor of a Will act on previous deceased persons intestacy?

Trusts Discussion
1

Good afternoon,

I’m assisting a family in dealing with an estate where the following has occured:

Sister passed away intestate, her mother was entitled to take out Letters of Administration however, she was unable to proceed with this. The brother applied and was granted LOA as the lawful attorney to his mother.

Unfortunately, mum has now passed away (with a valid will in place).

As the brother (son to the mother), is executor of mum’s will, is he ablle to apply to the court to act in his own right as the administrator to his sister?

Sorry, this is quite complicated and I hope I have explained it clearly.

Thank you in advance

Carmen Cottingham

2

No because an Attorney grant expires on the death of either the donor or administrator.

There is no chain of representation when an intestacy is involved so a Grant of letters of administration de bonis no administratis will be required in the original estate.

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