Sorry if this has come up before. I am dealing with a case where the spouse,S, and another were executors and S was the sole beneficiary but if she predeceased their only child X received residue. The other executor has renounced and X is making an application for letters of administration with Will. A draft legal statement has been prepared and the grounds for making the application are “X is applying for Letters of Administration (with Will Annexed) and is named in the Will as the residuary legatee and devisee” although in the following Paragraph X is confirming, into alia, that “all executors and any residuary, legatee or devisees in trust named in the will have either died or have chosen not to apply for a grant of probate (renounced )“, I would’ve thought that in the grounds for making the application there should be added “(S having died in the lifetime of the deceased”) However I am told that the system doesn’t allow an addition like this. Whilst clearly S has died as this is stated in relation to the executors, I am just concerned that a “ stop” will be generated and as I have found in two other cases this causes considerable delay. Am I being too pessimistic? As I will be sending a letter with the Renunciation I will mention this just in case.
Patrick Moroney
Bwl solicitors