Q&As

What options are available to deal with money held on client account in relation to a deceased individual's Will trust and no grant of probate has yet been issued in the estate?

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Published on LexisPSL on 10/06/2021

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

  • What options are available to deal with money held on client account in relation to a deceased individual's Will trust and no grant of probate has yet been issued in the estate?

What options are available to deal with money held on client account in relation to a deceased individual's Will trust and no grant of probate has yet been issued in the estate?

We have assumed that

  1. the deceased left a valid Will

  2. the terms of the deceased’s Will expressly provide that the Will trust may not be distributed without a grant being issued in the estate

It is not clear from the question why the executors named in the Will (or otherwise suitable administrators) have not applied for a grant. It may be that the rest of the deceased’s estate was able to be administered without the need for a grant, see Practice Note: Devolution of assets and the need for a grant. How the money came to be held on the practice’s client account and the sum involved are likely to be relevant facts when deciding the best course of action.

In any case, the first step, if not already taken, would usually be to approach the executors named in the Will in relation to applying for a grant of probate. Depending on the terms of the Will, the executors may also be the trustees of the Will trust. The executors are under a duty to properly administer the deceased’s estate and the trustees have a duty of care in relation to the Will

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