Appointing a new Executor

[samfarrell]

I was wondering what the process is for appointing a new executor to a will?

My grandfather died some 15 years ago and my uncle was executor. The will was for my mother to have a life interest and her children as remainders. My uncle took out probate at the time but he did not complete deeds of assent. My uncle is recently deceased
My understanding is we would require another grant of probate and a new executor to perform the duties. Is this correct ?

 

[Thirsty]

IANAL - and you should get legal advice.

However, I dont believe it is possible/necessary to get a second Grant.

The GoP allows the executor to settle outstanding debts and distribute estate per the terms of the deceased's will.

Even if the Deed of Assent wasn't completed at the time, the requirements of the will remain the same.

There may be some legal hoops to jump through now that the Exec is deceased, but I'm pretty sure your Solicitor can get that sorted.

 

[Vanilla]

It is possible to obtain a second grant, and probably necessary. The entitlement to take out a second grant is what needs to be established. Your solicitor will need to advise.

The alternatives are a court order under s.61(7) of the registration of title act 1964 or a s.49 ( squattors) application. I don't think the s.49 is appropriate and more than likely taking out a second grant would be more cost effective than the court order.

 

[Thirsty]

Cheers Vanilla - learn something new every day!

 

[Twoflutes]

I was wondering what the process is for appointing a new executor to a will?

My grandfather died some 15 years ago and my uncle was executor. The will was for my mother to have a life interest and her children as remainders. My uncle took out probate at the time but he did not complete deeds of assent. My uncle is recently deceased
My understanding is we would require another grant of probate and a new executor to perform the duties. Is this correct ?

The normal course of action is that a second grant of probate, called De Bonis Non Grant, is required in cases where a Executor has died before fully completing his obligations. The probate office handles this, its basically a second grant, and you would need to do this via a solictor. There is an order of who can apply I believe, but I think basically the residuary legatee or devisee named on the will can do it.

I am not sure however if it can be any residuary legatee to do it, in the case where there are more than one, maybe someone else knows this?