Q&As

The deceased made a Will appointing A as executor and a later Will appointing B and C as executors. A has applied for a grant, as have B and C. A accepts that the later Will appointing B and C is the last Will of the deceased, but A refuses to withdraw their application. B and C have lodged a caveat to prevent A from obtaining a grant but this also prevents a grant being issued to B and C, thereby preventing the administration of the estate. What action can be taken by B and C to prevent A from obtaining the grant and to obtain the grant themselves?

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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP
Published on LexisPSL on 28/05/2021

The following Wills & Probate Q&A produced in partnership with Oliver Auld of Charles Russell Speechlys LLP provides comprehensive and up to date legal information covering:

  • The deceased made a Will appointing A as executor and a later Will appointing B and C as executors. A has applied for a grant, as have B and C. A accepts that the later Will appointing B and C is the last Will of the deceased, but A refuses to withdraw their application. B and C have lodged a caveat to prevent A from obtaining a grant but this also prevents a grant being issued to B and C, thereby preventing the administration of the estate. What action can be taken by B and C to prevent A from obtaining the grant and to obtain the grant themselves?

The deceased made a Will appointing A as executor and a later Will appointing B and C as executors. A has applied for a grant, as have B and C. A accepts that the later Will appointing B and C is the last Will of the deceased, but A refuses to withdraw their application. B and C have lodged a caveat to prevent A from obtaining a grant but this also prevents a grant being issued to B and C, thereby preventing the administration of the estate. What action can be taken by B and C to prevent A from obtaining the grant and to obtain the grant themselves?

As a practical starting point, it is worth considering the assets in the estate and whether a grant is required to complete the administration. The validly appointed executors under the last Will (B and C) derive their authority from the Will itself, rather than from the grant, so if the estate in question is not large or complex they may be able to proceed without one, (see Commentary: Executor's title: Tristram and Coote's Probate Practice [4.1]). For example, survivorship assets (eg real property held as joint tenants, and bank accounts in joint names) will pass automatically on death, banks will typically be willing to pay sums up to a certain amount held in accounts in the

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