Death of Executor

Trusts Discussion
1

I have a matter which I have not come across before but I ma hoping there is a simple procedure to sort it out.

Probate to husbands estate was gained in mothers sole name in 2020 with power reserved to second executor (deceased’s brother). All of that estate passed to the mother. Mother has now died and we have just received probate to her estate in names of her two sons. How do we remove the power reserved executor from the original grant so that the two sons can take over? (he didn’t want to be involved and he has since renounced probate.)

Husbands estate was never sorted and he has deeds in his sole name so need to get the grant sorted for his estate.

Thank you

2

It seems to me that the chain of representation applies, so that the 2 sons are also now executors of the husband’s estate.

Whilst the second executor of the husband’s estate could apply for a grant of double-probate, this should not affect the existence of the chain of representation.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals