I have an estate where the sole executrix and beneficiary of her late father’s estate died approximately 5 weeks after her father. In father’s will there is no reserve executor, and the reserve beneficiary provisions do not apply, as daughter survived father and so therefore inherits. Daughter died intestate. Daughter was married with children, but does not have any estate of her own to obtain a grant for. However, late father’s estate still needs to be administered, and of course his assets will form part of daughter’s estate and pass all to her surviving spouse, as the late father’s estate amounts to less than the £322,000.00. Can daughter’s husband apply for letters of administration with will annexed to late wife’s father’s estate? If not, who can apply? Many thanks.
I suspect the widower will need to take out a grant in the daughter’s estate and then his father-in-law’s estate under rule 20(d) (PR’s of residuary legatees).
Many thanks for your assistance.
Since the daughter died after inheriting the father’s estate, her husband (as her next of kin and beneficiary of her intestate estate) would be eligible to apply for letters of administration with will annexed for her late father’s estate. This would enable him to complete the administration of her father’s estate, passing its assets into her estate for distribution according to intestacy rules.