Type of grant (GRANT OF PROBATE)

GRANT OF PROBATE

the appropriate grant if:

·      the deceased left a valid will

·      which appointed executors

·      and those executors are able and willing to act.

·     this would be the appropriate grant in these circumstances even if the will did not dispose of all of the deceased's property.

executors may be appointed either expressly or impliedly in the will ie. according to the tenor of the will eg 2 partners in a firm of solicitors…when they are not actually named individually.

  provided that they are not under any disability, they will be the only persons entitled to take out the grant of probate.

 The right to take out the grant and any right to deal with the deceased's property as an executor will cease if: -

(i) the executor appointed survives the Testator but dies without having taken out the grant. If the executor dies after having taken out the grant but before the administration of the estate has been completed different rules apply and a different grant has to be applied for to complete the administration

(ii) s / he is cited to take out Probate of the will and does not…