Entitlement to Grant (Executors) Flashcards
What is an executor?
A personal representative (PR) appointed by a will.
Where does executor’s entitlement to a grant of probate arise from?
From the will.
When is an executor named in a will unable to act as PR?
1) Predeceased
2) Are under 18
3) Lack capacity
4) Former spouse due to divorce after the will.
How many executors are required for a grant of probate?
Only one.
What must other executors do if not applying for the grant?
Explain to probate registry why not all are applying.
What is the maximum number of executors for a grant of probate?
Four.
What is a grant of double probate?
When an executor applies after the grant has already been issued to others.
When can someone be substituted as executor per will?
Only if the original executor dies before them.
What if a PR dies before completing administration and another PR remains?
The remaining PR may continue administration.
What if all PRs die before administration is complete?
Either chain of representation applies or grant of letters of administration de bonis non is needed.
What is chain of representation?
Executor of last surviving executor may continue administration.
When is a grant of letters of administration de bonis non required?
If no chain of representation, administration is incomplete, no PR remains, and previous grant exists.
What happens if a minor is appointed executor?
They cannot apply until 18, but power is reserved for them.
