Grant de bonis non - who applies?

Trusts Discussion
1

A dies intestate. Never married, no children, parents pre deceased and survived by a sister who obtains a grant of administration. Sister then dies intestate having obtained a grant to her brother’s estate but not concluded the administration. She is survived by husband and two children (nephew and niece of A).

Given sister had a vested interest in A’s estate, should it be her husband who applies for the Grant de bonis non or does this revert to the nephew and niece?

Rule 22 (1) (d) NCPR infers the sibling had to have died before the deceased for the right of issue to take and I think this is adding to my confusion / misunderstanding!

Thanks in advance.

2

To my mind, it is the PR of the sister who should apply for the grant de bonis non.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

3

Thanks Paul. Do you think that given the sister has also died intestate, there would be a need for a Grant in her estate to be obtained to constitute the appointment of her PR who in turn can then apply for the de bonis non grant?

4

In the absence of a grant to the sister’s estate, how can an applicant evidence their entitlement to the grant de bonis non?

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

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