Q&As

If a grant of letters of administration with Will annexed is issued to a residuary beneficiary who subsequently enters into a deed of variation redirecting their entire share in the estate, is the grant still valid?

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Published on LexisPSL on 11/06/2021

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • If a grant of letters of administration with Will annexed is issued to a residuary beneficiary who subsequently enters into a deed of variation redirecting their entire share in the estate, is the grant still valid?

If a grant of administration'>letters of administration with Will annexed is issued to a residuary beneficiary who subsequently enters into a deed of variation redirecting their entire share in the estate, is the grant still valid?

This Q&A assumes that

  1. there is a Will but it does not make a valid appointment of executors or the executors are unable or unwilling to act, such that the grant is of one of letters of administration with Will annexed

  2. the grant of letters of administration with Will annexed had already been issued to the residuary beneficiary before the deed of variation was entered into

The order of priority for a grant where the deceased left a Will is set out in the Non-Contentious Probate Rules 1987, SI 1987/2024, r 20. In particular, where there are no executors able or willing to act, then a residuary legatee or devisee is next in the order of priority.

A deed of variation redistributing the residuary estate and purporting to vary the appointment of executors would not be relevant

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