Where a firm is named as sole executor in a Will and the firm has been informed that a member of the testator's family has applied for a grant of letters of administration prior to the firm being informed of the testator's death, what is the proper procedure to prevent the grant being obtained by that family member?

It is assumed that the family member in question knows that the testator left a valid Will which appoints the firm as sole executor.

Administrators are usually appointed in particular circumstances including where:

1. •

   the deceased left a Will but did not appoint executors

2. •

   the Appointment of executors in the Will is void for uncertainty

3. •

   a sole executor has renounced, or

4. •

   executors named in the Will are incapable of performing the office

In certain circumstances the court may pass over an executor and appoint an administrator. It is assumed that none of these scenarios apply to this question. The following also assumes that the firm which is named as executor in the Will is still