I would be grateful for views on a grant de bonis non situation.
A deceased died leaving a Will which appointed two executors. One executor predeceased the deceased and the other executor renounced probate.
The Will gave one specific legacy and left the residue to B.
B was elderly but had not lost capacity. B therefore applied for and obtained a grant of letters of administration with the Will annexed in the deceased’s estate, although the application was made by B’s attorney and B appointed the attorney on a PA12.
The administration of the estate was not completed before B died.
The only matters now remaining appear to be:
- assenting the specific legacy to the specific legatee; and
- administering the residue to B’s estate.
As B was the administrator rather than an executor, I understand that there is no chain of representation and that a grant de bonis non with the Will annexed is therefore required.
My question is who has priority to apply for the de bonis non under NCPR r.20?
My view is that B’s personal representative should have priority as the personal representative of the residuary beneficiary, with the specific legatee falling lower in the order of priority under r.20.
However, a colleague has suggested that the specific legatee should now have priority because B (who was both the residuary beneficiary and the administrator) has died.
I cannot see how the specific legatee would take priority over B’s personal representative given the express reference in r.20 to the personal representative of a residuary legatee/devisee.
Does anyone have experience of this particular situation or a view on how r.20 should be applied to the grant de bonis non?
Many thanks in anticipation.