Q&As

If an individual died intestate and a grant was issued to their partner ‘for the use and benefit of’ the deceased’s parent ‘limited until further representation be granted’, what is the position if the deceased’s partner is unable to continue to act and the parent has died? Can the deceased’s step-parent apply for a grant de bonis non administrates?

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Last updated on 15/12/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • If an individual died intestate and a grant was issued to their partner ‘for the use and benefit of’ the deceased’s parent ‘limited until further representation be granted’, what is the position if the deceased’s partner is unable to continue to act and the parent has died? Can the deceased’s step-parent apply for a grant de bonis non administrates?
  • Limited grant of probate or letters of administration
  • Cessate grant
  • Grant de bonis non
  • Application for a grant of representation

If an individual died intestate and a grant was issued to their partner ‘for the use and benefit of’ the deceased’s parent ‘limited until further representation be granted’, what is the position if the deceased’s partner is unable to continue to act and the parent has died? Can the deceased’s step-parent apply for a grant de bonis non administrates?

Limited grant of probate or letters of administration

Unless an estate is insolvent, the court may grant probate or administration in respect of any part of a deceased’s estate and limited in any way it thinks fit.

A person entitled to a grant may wish for administration for their use and benefit to be granted to their attorney. The grant will be limited until further representation is granted or in any way the registrar directs. See rule 31(1) of the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (NCPR 1987, SI 1987/2024, r 31(1)).

Cessate grant

A cessate grant is a second grant that issues when the first grant was conditional or limited in some way and the condition or limitation has been fulfilled or the original grantee has died leaving it unfulfilled. It operates as a re-grant of the whole of the deceased’s estate.

Grant de bonis non

Where a sole or last surviving executor dies intestate without fully administering the testator's estate, an administrator must be appointed to administer the goods

Related documents:
Key definition:
Intestate definition
What does Intestate mean?

A reference to a person who has died without leaving a valid Will or who has failed to dispose of their entire estate by Will.

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