Chain of Representation - Who can apply?

Trusts Discussion
1

I have a case where Alice’s Will appointed B and C as executors. they both survived, but never took out Grant.

(A property was specifically left to B, but never transferred to him. He has now died and his estate passes to his wife, Mary (alive but no capacity). She is living there, but the property is still in Alice’s name.)

Alice’s Residue is to B and C. All fairly standard.

It wasn’t thought that a Grant was required for Alice’s Will and all money was dealt with without the need for a Grant.

But now the property needs to be sold, and I am trying to figure out who can apply as C, (the still surviving executor) wants nothing to do with this as he is elderly and wants to renounce.

If he does renounce, is a court application the only option for Alice’s Estate or can Mary’s Attorneys under an LPA apply on her behalf as residuary beneficiary? I don’t think they can.

Thanks

2

NCPR Rule 35 will apply to the grant to B’s estate, and it would seem sensible for Mary’s attorneys to apply.

Once the grant in B’s estate is issued, his PRs should then be able to apply for a grant to Alice’s estate under NCPR Rule 20(d).

All a bit step by step and carries the risk that Mary dies before the end of the process, in which case it will be Mary’s PRs who need to go back to the start once they have their own grant.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals