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Second or subsequent grants

On occasion, it may be necessary to extract a second grant in an estate. This usually, (but not always), arises where the first legal personal representative has died without completing the administration of the estate.

There are various types of grants which fall into this category, including:

Administration intestate de bonis non

If a grant issues to an administrator who subsequently dies without fully administering the estate, the parties entitled can apply for this type of a grant to complete the administration of the estate.

See administration de bonis non checklist  for further information on documents required.

Administration with will annexed de bonis non

Where the party who took out the first (or subsequent) grant has died and all executors have been cleared off and where the estate has not been fully administered, this type of second (or subsequent) grant is appropriate in the circumstances.

See administration with will annexed de bonis non checklist for further information on documents required.

Double probate

If one executor extracts a grant and the rights of the other executor have been reserved, the executor whose rights have been reserved can apply for a grant of double probate whilst the other executor is still alive.

See executor checklist for further information on documents required.

Unadministered probate

If one executor extracts a grant, reserving the rights of another executor, the executor whose rights have been reserved can apply for a second grant in circumstances where the first (proving) executor has died. This is a grant of unadministered probate.

See administration with will annexed de bonis non checklist for further information on documents required.

 
 
 
 
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Content reviewed: May 2017