Replacement executor - Grant of Probate

cc120

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?

Yorkshireman99

Surely the consent order did that?

cc120

Yorkshireman99 wrote: »

Surely the content order did that?

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

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.

cc120

Crabapple wrote: »

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.

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?

Crabapple

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.

cc120

Crabapple wrote: »

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.

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.

Crabapple

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.

cc120

Crabapple wrote: »

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.

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/