Double Grant of Letters of Administration with Will Annexed?

Trusts Discussion
1

D left a valid Will appointing a firm as executors. The firm renounced probate. The residuary beneficiaries are D’s three children.

One child has obtained LOA with Will annexed. A second child wants to obtain a second grant. Is this possible?

We have read R27 NCPR, however we note under rule 27(7) that the district judge or registrar shall not allow any grant to be sealed until a summons is finally disposed of. The first grant has already been issued. Surely it is now to late to issue a summons?

Any thoughts would be appreciated.

Nadine Owens
Blacks Solicitors LLP

2

Insofar as I am aware it is not possible to have a double grant of letters of administration with Will annexed. Rule 20 sets out the order of priority and those within each category of entitlement have an equal right to apply for the grant on a first come first served basis. It would seem that it would only be possible to obtain a second grant (a de bonis non) if the appointed administrator had died or was rendered incapable of acting.

Stuart Adams
Mishcon de Reya LLP