De Bonis Non Grant

Lord Rossmore

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Toms Will created a discretionary trust to be administered by his brother Jim naming Toms two nephews as residuary devisees and legatees. Tom died and Jim took out grant of probate, creating the trust. Jim died a few years later without having ever changed the property involved in title to either nephew. Can one or both nephews apply to the court for a Debonis Non Grant to complete the administration of the estate ?
 
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