Hi All, I have submitted a pre lodgement enquiry but i would welcome your thoughts on this matter I am dealing with in the meantime.
Testator died 15 years ago. Left a Will appointing spouse as the sole executrix. The Will appoints replacement executors but only in the event the spouse predeceased the testator. Everything passed to the spouse in the Will but if she failed to survive to his children.
The spouse survived the testator but lacked mental capacity to apply for the grant therefore due to the wording of the Will, the spouses deputies were granted permission to apply for the Letters of Administration with Will Annexed.
During the 7 month wait for the LOA the spouse died but the probate registry was not informed in time and the LOA was issued after the date of the spouses death.
There is only a property in the estate which is in the process of being sold. The property is registered in the testators sole name. I have informed the clients that the LOA cannot be used and needs to be revoked.
The question is, who is now entitled to take out the further LOA? I dont believe it is the replacement executors of the testators Will because the spouse survived the testator. For this same reason i dont believe its the residuary beneficiaries of the testators Will. I believe it will be the spouses executors named in her Will.
If i am right, this would mean that the current LOA needs to be revoked first, then an application for a grant of probate to the spouses estate needs to be applied for, followed by a further LOA with Will annexed by the spouses executors for the testators estate.
Can anyone confirm if this is correct? And if so, what forms are required to be completed?
I have asked the probate registry if they can deal with all of the applications at the same time as they are linked. What are the chances of them agreeing to this?
Thank you in advance!