Chain of Representation - Trustee No Grant

A Will appoints A as the executor and trustee with no reference to taking the grant to be trustee. No grant was obtained as the assets were released without a grant. The Will provided for a life interest for A in the deceased’s half share of property owned as tenants in common with A. Now that A has died, do A’s executors (grant obtained) become trustees or the substitute executors and trustees who now need to deal with reversionary interest? During their lifetime, A appointed a new trustee of legal title of property at the Land Registry (not under Will Trust).

I believe that those persons now entitled to the share of the property following A’s death would be entitled to the grant under NCPR 1987, rule 20(c) and to act as trustees of that share.

Whilst the holders of the legal title may sell the property, unless a grant is obtained to the estate of the first co-owner to have died they cannot be certain of the title of those to whom they pay the proceeds. A grant in the first estate would provide certainty.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

So the Trustees of the original Will Trust who need to vest the property in the remaindermen ( and receive notice from remaindermen about an assignment) are neither the substitute executor/ trustee named in the original deceased’s Will nor the Executors of the first named executor/trustee ( A being originally appointed as executor and trustee but never took the grant although Will does not require them to take Grant to become trustee - trusteeship not disclaimed)?