What Is A Grant De Bonis Non Administratis?
If, during probate, a person named as an Executor or an Administrator dies without having made a will, the administration is not complete and a grant de bonis non is required.
Read here what that entails and the best ways to avoid this complicated scenario.
While it is not the most common situation, Executors and Administrators can pass away during the probate process. A grant de bonis non administratis is used for this particular situation.
This is a special type of grant of representation which must be obtained when the sole or last surviving personal representative of the deceased dies (or becomes legally unfit to perform the tasks) while administering the estate.
Crucially, the person must have no valid will in order for a grant de bonis non administratis to be needed..
It is often abbreviated to “grant de bonis non”. Grant de bonis non is a Latin phrase which literally means “goods unadministered”.
This is a complex area of probate law, and it is important that the correct procedures are followed if you should find yourself in this situation.
If you have a question regarding a grant de bonis non administratis, the probate process, or making a will to ensure that this situation does not occur in your case, you can speak to our expert probate solicitors by filling out an enquiry form on this page or calling 0151 666 9090.
When is a Grant De Bonis Non Administratis required?
A grant de bonis non is only required when the sole or last surviving Executor or Administrator dies (or loses mental capacity) after they have taken out the grant of representation, and they have no will. This is because the “chain of administration” is broken.
In this scenario, there is no other executor to take control of the first estate, and there is no nominated person to take control of both the first and second estates.
This means that this grant applies in the following situation:
- The sole or last surviving executor of a will dies or loses capacity before administering the estate; and
- They did not have a valid will
- When is a Grant De Bonis Non Administratis not required?
- If the original executor dies with a valid will and names another executor, this second executor will become the executor of the first estate, as well as the second estate.
This means that a grant de bonis non is not required when:
- There are other Executors or Administrators that can take control of the first estate
- The Executor or Administrator who died had a valid will and named an Executor
Who Can Apply For A Grant De Bonis Non?
If the chain of administration has been broken, then the responsibility of administering the estate will fall in priority order.
The application procedure is similar to the application process for letters of administration. The applicant, therefore, needs to know the value of the estate that is going to be administered before applying.
How Can You Avoid Legal Issues Like This?
Getting a grant de bonis non is not particularly difficult, but it can delay the administration of the deceased’s estate.
In order to avoid this scenario, it is vitally important that, if you are asked to be an Executor of a will or become an Administrator, you create a valid will yourself.
By having a will, you will automatically appoint an Executor who can deal with the deceased’s will should circumstances render you unable to do so.
It is also a good idea to make sure that when you appoint an Executor that they have written a will.
How can Percy Hughes & Roberts help?
At Percy Hughes & Roberts Solicitors, we have a team of dedicated probate solicitors who are ready to help you resolve your query or issue relating to this area of the law as quickly and effectively as possible.
If you need assistance with applying for a grant de bonis non administratis, writing or updating a will to avoid this potential legal pitfall, or require help with the probate process more generally, our wills and probate solicitors have a wealth of experience.
They can help you through what can be a difficult time, dealing with an estate and figuring out the grant of representation process.
Contact Percy Hughes & Roberts
To speak to an employment law solicitor for advice, contact Percy Hughes & Roberts for a no-obligation phone consultation today. We provide ourselves on offering expert advice that's easy to understand, and we will be with you through every step of the legal process.
Call us on 0151 666 9090, or fill out an online enquiry form to arrange for us to get in touch at a time that's suitable for you.