Probate Application with Mutual Will

Trusts Discussion
1

We are acting for the beneficiaries of a Mutual Will which appointed them as sole beneficiaries.

The deceased made a new Will appointing x as the executor and sole beneficiary.

x renounced and one of the beneficiary’s of the mutual Will has applied for the grant with will attached and also sent a copy of the mutual Will to the probate registry.

The probate registry have advised that x cannot renounce as he is the sole executor and beneficiary.

Has anyone been in the this situation, the beneficiaries of the Mutual Will and x do not get on and x is unlikely to want to get on with the administration as he has not financial interest.

Any ideas on what to do next?

2

Is there authority for this?

If there is no such rule, then could the beneficiaries of the mutual will seek a grant on the basis of rule 20(e) as creditors of the deceased?

3

Thank you Andrew,

I have referred this back to the registry as I cant find any rules in my books

4

There is always the alternative of an application under s.116 Senior Courts Act 1981

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals