Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • cc120
    • By cc120 18th May 17, 1:29 PM
    • 97Posts
    • 11Thanks
    cc120
    Replacement executor - Grant of Probate
    • #1
    • 18th May 17, 1:29 PM
    Replacement executor - Grant of Probate 18th May 17 at 1:29 PM
    Any info/advice much appreciated :-)

    One brother replaced the other brother as executor of will due to dereliction of duty. Because first executor hadn't settled estate within 6 years. The Grant of Probate for the first executor was completed in August 2016. The executor was replaced, via consent order in Dec 2016.

    Does the new executor have to apply for Grant of Probate or is it automatically transferred to him?

    If has to apply, how long might the process take?
Page 1
    • Yorkshireman99
    • By Yorkshireman99 18th May 17, 2:28 PM
    • 2,312 Posts
    • 1,846 Thanks
    Yorkshireman99
    • #2
    • 18th May 17, 2:28 PM
    • #2
    • 18th May 17, 2:28 PM
    Surely the consent order did that?
    Last edited by Yorkshireman99; 18-05-2017 at 3:49 PM.
    • cc120
    • By cc120 18th May 17, 3:23 PM
    • 97 Posts
    • 11 Thanks
    cc120
    • #3
    • 18th May 17, 3:23 PM
    • #3
    • 18th May 17, 3:23 PM
    Surely the content order did that?
    Originally posted by Yorkshireman99
    Hi Yorkshireman99, the solicitor seemed to be under the impression that the new executor had to apply for a Grant of Probate again. There was a matter of an IHT allowance to be re-established?
    • Crabapple
    • By Crabapple 18th May 17, 3:40 PM
    • 1,493 Posts
    • 7,060 Thanks
    Crabapple
    • #4
    • 18th May 17, 3:40 PM
    • #4
    • 18th May 17, 3:40 PM
    How far had the first executor got with things? It's not clear from your post.

    The new executor can't use the Grant with the first persons name on, no. So if there are assets still to collect them they will need to apply for another Grant.
    Daughter born January 2012 Son born February 2014

    Slimming World ~ trying to get back on the wagon...
    • cc120
    • By cc120 18th May 17, 4:10 PM
    • 97 Posts
    • 11 Thanks
    cc120
    • #5
    • 18th May 17, 4:10 PM
    • #5
    • 18th May 17, 4:10 PM
    How far had the first executor got with things? It's not clear from your post.

    The new executor can't use the Grant with the first persons name on, no. So if there are assets still to collect them they will need to apply for another Grant.
    Originally posted by Crabapple
    Hi Crabapple, there are properties still to liquidate. The first executor had only got as far as starting proceedings against tenants in the commercial property.

    How long would the process take and would an IHT Act claim time limit of 6 months to apply be timed from the time the second executor's name is added to the Grant of Probate?
    Last edited by cc120; 18-05-2017 at 4:45 PM.
    • Crabapple
    • By Crabapple 18th May 17, 6:12 PM
    • 1,493 Posts
    • 7,060 Thanks
    Crabapple
    • #6
    • 18th May 17, 6:12 PM
    • #6
    • 18th May 17, 6:12 PM
    I don't see how the claim period could start again. The terms of the will won't have changed.

    Applying for a new Grant should be quicker than the last time as the financial info should all be sorted, it's just making sure the right type of Grant is applied for with the right supporting docs. Not a normal form of oath so would be more fiddly to prepare.
    Daughter born January 2012 Son born February 2014

    Slimming World ~ trying to get back on the wagon...
    • cc120
    • By cc120 18th May 17, 7:01 PM
    • 97 Posts
    • 11 Thanks
    cc120
    • #7
    • 18th May 17, 7:01 PM
    • #7
    • 18th May 17, 7:01 PM
    I don't see how the claim period could start again. The terms of the will won't have changed.

    Applying for a new Grant should be quicker than the last time as the financial info should all be sorted, it's just making sure the right type of Grant is applied for with the right supporting docs. Not a normal form of oath so would be more fiddly to prepare.
    Originally posted by Crabapple
    Thank you Crabapple, according to the solicitor claim period would start again with the transfer of Grant of Probate to the second executors name but your way of looking at it seems popular.
    Last edited by cc120; 18-05-2017 at 7:09 PM.
    • Crabapple
    • By Crabapple 18th May 17, 7:06 PM
    • 1,493 Posts
    • 7,060 Thanks
    Crabapple
    • #8
    • 18th May 17, 7:06 PM
    • #8
    • 18th May 17, 7:06 PM
    If solicitor is a specialist then maybe take their word for that then! Makes no sense logically as it's just changing the person you would address the claim too but six months post grant has already expired.
    Daughter born January 2012 Son born February 2014

    Slimming World ~ trying to get back on the wagon...
    • cc120
    • By cc120 18th May 17, 7:18 PM
    • 97 Posts
    • 11 Thanks
    cc120
    • #9
    • 18th May 17, 7:18 PM
    • #9
    • 18th May 17, 7:18 PM
    If solicitor is a specialist then maybe take their word for that then! Makes no sense logically as it's just changing the person you would address the claim too but six months post grant has already expired.
    Originally posted by Crabapple
    Another change is that the first executor becames just a beneficiary and he wouldn't have been able to make a IHT Act claim whilst being an executor, though he did have 2 months from August to make the claim.

    Apparently the second executor also had to make a new claim for an IHT allowance, which had been agreed to by HMRC for the first executor, don't know if that affects the situation re claim limit period.

    Here are acceptable reasons for out of time Inheritance Act Claims, one reason be litigation causing delays:
    http://www.farrarsbuilding.co.uk/inheritance-provision-family-dependents-act-1975-s-4-time-applications/
    Last edited by cc120; 18-05-2017 at 8:33 PM.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

16Posts Today

3,570Users online

Martin's Twitter