Chain of Executorship

I have the following scenario:

20 years ago Mr R died appointing Mr and Mrs X as his executors. They took out the Grant. Estate passed to Mrs R.

15 years ago Mrs R died. We took out Grant and dealt with administration.

Mr R has been identified as a beneficiary of an Australian national who died intestate. Mr R’s executors have both died, Mr X first and then Mrs X recently.

I contacted the executors of Mrs X’s estate. They have taken out the Grant for her estate so are entitled to deal with the funds due to Mr R’s estate. Unfortunately, they don’t want to get involved.

Is there a problem if we want to apply for Letters of Administration for Mr R’s estate on the basis we are the executors of Mrs R’s estate? How do we clear off the executors enttiled to act under by chain of representation? Or do they have to be compelled to act?

Any views on above gratefully received.

Samir Hussain

In scenarios such as this i consult Keith Biggs, who is an ex Registrar. He is very helpful. His email address is

Monika Patel
Stapletons Solicitors

I assume the Australian died before Mr R. The exors of Mrs R are obliged to collect in her estate which includes whatever Mrs R inherits from her late husband. That will include whatever is due to Mr R’s estate from the Australian. On that basis I think you should go back to Mrs R’s exors and tell them this. Maybe they can be persuaded to name someone as attorney to deal with this.

Ann Corke
Humphries Kirk LLP