Q&As

Where a person (A) is appointed as sole executor and beneficiary in a Will for person B's estate but that person (A) dies intestate before taking out Probate for B, what type of Probate is needed to administer B's estate?

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Published on LexisPSL on 19/02/2021

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

  • Where a person (A) is appointed as sole executor and beneficiary in a Will for person B's estate but that person (A) dies intestate before taking out Probate for B, what type of Probate is needed to administer B's estate?

We refer you to Practice Notes: Appointment of personal representatives and Applications for administration'>letters of administration with Will annexed.

These Practice Notes explain that a grant of letters of administration (with the Will annexed) will be required in this scenario where the deceased left a Will but the sole executor has died before taking out the grant.

Priority to a grant of administration with Will annexed is set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 20 and is as follows:

(1) the appointed executor

(2) any residuary legatee or devisee holding in trust for any other per

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