I have been tasked with obtaining letters of admin de bonis non and is not something I’ve ever had to do. Having carried out some research, I think I’ve got a rough idea of what’s required but wondered if anyone would be willing to provide a general guide as to the procedure?
I understand I need the PA1A (completed with appropriate wording), CAP AC5 (signed by the intending PRs), copy of the original grant of first death, all sent to the Probate Registry.
I’m unclear on who the de bonis non grant should be made in favour of? In my case, A died intestate with B as the Adminsitrator. B then died a few years later having left part of A’s estate unadministered - B died testate appointing X and Y as her executors. Should the grant be in favour of X and Y or should r22 NCPR apply to A’s estate?
Any help would be greatly appreciated for a poor lonely paralegal currently over his head!
My understanding is that rule 22 NCPR would govern who is entitled to apply for the Grant. (There is no chain of representation so X and Y are not entitled.)
I Will Solicitors Ltd
Thanks Ishan - I think that will be what I go with on the basis, as you say, that the Chain has been broken.
The “chain of representation” applies only to enable the executor of a deceased sole or sole surviving executor to administer the estate of the first deceased without the need to obtain any further grant. It has no application where a new grant is required and does not affect the right of anyone to take the “new” grant.
In the present case, under NCPR 22(4), X and Y have the same right to take the grant de bonis non as had B to take the original grant.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
I have recently applied the above procedure for an intestate estate and obtained the Grant de bonis non in an intestacy. If there are any other intestate beneficiaries with an equal right to make the application, then they should be the one(s) appointed under the de bonis non. In my situation, another sibling stepped in and took out the de bonis non.