Good morning,
I am instructed by the executors for the deceased RH and Probate has been granted.
Unfortunately, we’ve discovered an incomplete deeds pack and the property is unregistered, the last document being Grant of Letters of Administration to RH’s father issued to RH’s mother and RH from 1969.
The property was never assented or transferred, and I’ve suggested my clients submit a voluntary first registration application so that we can deal with any queries now.
The Land Registry have requested a Grant de Bonis Non in father’s estate for the unadministered legal title to the property.
My question:
I have contacted the probate registry to ask who is entitled to apply for the Grant de Bonis Non, as all the people entitled under the intestacy have since died (widow, RH and RH’s brother). the probate registry have stated they are unable to answer my query as they are not legally trained (!). My instinct is that both executors of RH should apply, but Tristram and Coutes suggests that the chain of representation is broken, so should it be one of RH’s brother’s children applying?
Additionally, Estate Duty was paid on father’s estate in 1969, when the property was worth £16.5k. It is now worth £1m, and the CAP5C and PA1A forms are not clear on the value which should be declared as passing under the Grant. We had already declared the whole value of the property in RH’s estate and paid the IHT due. Can anyone assist please?
Many thanks
Victoria Seaman