Who takes out the Grant de bonis non

I am dealing with two estates. Mr J died first and appointed his wife to be his Executor (as long as she survived for a period of 28 days, which she did).

An appliction for a Grant of Probate was made, but Mrs J died before the Grant was issued. There are assets which remain unadministered belonging to Mr J.

Mrs J’s Will appoints X and Y to be her Executors and we have now applied for a Grant of Probate for Mrs J’s estate on behalf of X. Y renounced.

I now also need to apply for a Grant for Mr J’s estate and, because the Grant was not issued, I believe I need to apply for a Grant de bonis non.

Mr J’s Will did appoint substitue Executors, who also happen to be the X and Y referred to above.

My question is, who would apply for the Grant de bonis non - X and Y, or the beneficiairies under Mr J’s Will?

Any thoughts would be greatly appreciated.

Martyn Dixon
Harold Bell Infields & Co

I don’t think a Grant de bonis non is required in this situation, but stand to be corrected.

Either you wait for the Grant to be issued to Mrs J and once issued, the executors under her Will would be required to administer both estates as the chain of representation applies.

Alternatively, you inform the court that Mrs J has died and therefore the backup executors in Mr J’s Will are entitled to apply for the Grant. Once they obtain the Grant they can deal with the estate.

Ihsan Ali
I Will Solicitors Ltd

Yes I agree with Ihsan a grant de bonus non is not appropriate as this is only relevant where an executor has taken a grant but has not fully administered an estate, usually because of death. If the estate passes to Mrs J then her executor X can, once he/she has been granted probate, apply for letters of administration (with Will annexed) to Mr J’s estate.

Patrick Moroney

If the Grant was issued after Mrs J died it is null and void and the chain of executorship will not apply.

Cliona O’Tuama

Solicitor

Thank you for your comments. The Grant was not (and has not been) issued for Mr J’s estate.

Should I wait for the Grant to be issued to X for Mrs J’s estate and then apply for a Grant on Mr J’s estate, or is it an automatic right that X, as Mrs J’s Executor, can administer both estates?

Martyn Dixon
Harold Bell Infields & Co

If that is the case, then I believe the substitute executors in Mr J’s Will can apply to obtain the Grant in Mr J’s Will and administer his estate accordingly. (If they have had power reserved to them they can apply for a Grant of Double Probate. If not, they may need to revoke the Grant to Mrs J, although a letter may suffice.)

Ihsan Ali
I Will Solicitors Ltd