Who can continue probate, when the section 7 chain applies, when a de bonis non grant is needed, and the rules for incapacity or refusal.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 10 min.
The executor appointment cannot take effect. If no substitute executor is validly appointed, the court grants administration with the will annexed to the person entitled under rule 20 of the Non-Contentious Probate Rules 1987.
Only where section 7's chain of representation applies. The deceased executor must have been the sole or last surviving executor, must have proved the earlier will, and their own executor must obtain probate. The chain is broken in the circumstances listed by section 7.
It is a further grant for estate assets left unadministered after a personal representative dies or can no longer complete the administration and no chain of representation supplies authority. Entitlement and application evidence depend on the earlier grant and will.
No. Power reserved leaves a non-proving executor able to apply later. Renunciation gives up the right to probate and is generally final unless the court permits withdrawal. A formal citation is a separate court process where an executor does not decide or progress the grant.
Do not assume so. Before a grant, rule 35 sets a specific priority for a grant made for an incapable person's use and benefit, including a Court of Protection-authorised person or qualifying attorney. The correct route depends on the capacity evidence and existing authority.
The original grant and circumstances need specialist review. A surviving representative may sometimes continue, while substitution under section 50 or another court or probate route may be needed. An attorney cannot simply assume the executor's personal office without lawful authority.