Last month, a woman passed away. In her will, she appointed her husband as the executor. However, the husband has also passed away. The will states that the woman's cousin will receive £40,000, and the remainder of the woman's estate will be shared equally between her brother and sister.
The question is, who is entitled to take a grant of representation, and what type of grant is appropriate?
Last month, a woman passed away. In her will, she appointed her husband as the executor. However, the husband has also passed away. The will states that the woman's cousin will receive £40,000, and the remainder of the woman's estate will be shared equally between her brother and sister.
The question is, who is entitled to take a grant of representation, and what type of grant is appropriate?
The brother and sister are entitled to take a grant of letters of administration with will annexed.
E) The brother and sister of the deceased woman have the right to take a grant of letters of administration with will annexed. Rule 20 of the Non-Contentious Probate Rules ('NCPR') applies in this case since the woman left a will. According to Rule 20, the executor named in the will has the best right to apply for a grant of letters. In case the executor has passed away or has declined to act, the person(s) with the next best claim under rule 20 are the trustees of the residuary estate, followed by other residuary beneficiaries (in this case, the brother and sister).
When a testator leaves a will naming an executor, and the executor is unable to act, the application for a grant of representation is for a grant of letters of administration with will annexed.
Option (A) is not correct, as only the executor named in a will can apply for a grant of probate.
Options (B) and (C) are not correct since the cousin's entitlement (as a beneficiary of a non-residuary gift under the will) is lower than the residuary beneficiaries' entitlement. Moreover, the appropriate grant in this case would be letters of administration with will annexed, as explained above.
Option (D) is also not correct since the woman's mother is not entitled to apply for the grant as she does not fall into any of the categories of applicants under NCPR rule 20. Additionally, there is no such grant as a grant of representation with will annexed.