Missing Sole Executor

Trusts Discussion
1

Hi

We have been asked to assist with an estate in which a Will made in 1992 appointed a sole executor who appears to have been a Will writer (the address is a private residence not a business address). Unfortunately the executors name is fairly common and whilst Estate Research have been instructed they have been unable to find a match for the death of the executor.

The Will leaves the estate to a named beneficiary who is a son of the deceased.

Can the beneficiary apply for a Grant of Letters of Administration with Will annexed on a PA1A and explain in a covering letter the steps that have been taken to try and locate the executor or is there another route that has to be taken (S116 Senior Courts Act has been mentioned?).

Any assistance would be appreciated

2

Tristram & Coote’s has an affidavit to support a s.116 application, although if a tracing agent does manage to find the named executor you may want to look into e.g. a citation to prove the will, just to show you’ve tried as much as reasonably possible to locate the executor and get them to prove.