IHTM05114 - Exceptions where no grant is needed: chain of representation (England, Wales and Northern Ireland)

This arises where executors ( IHTM05012) die before completing the administration of the estate. Under s.7(1) Administration of Estates Act 1925 (Article 32(1) of the Administration of Estates (NI) Order, 1979 in Northern Ireland) ‘an executor of a sole or last surviving executor of a testator is the executor of that testator’. The rule of appointment of new executors is automatic and no further formalities are required. An illustration of the way the chain operates is set out below.

Example

A dies having appointed B and C his executors. B and C take out a grant of probate ( IHTM05101) of A’s will ( IHTM12000).

B dies having appointed X and Y his executors. C will carry on as the sole or surviving executor of A’s will.

C dies having appointed P and Q his executors. P and Q thus become the executors by representation of A’s will.

The chain is broken on

• the failure of a testator ( IHTM05012) to appoint an executor, or
• an intestacy; the sole or last surviving executor dying intestate ( IHTM12101), or
• the failure to obtain probate of the will

If any of these occur it will be necessary for anyone intending to complete administration of the estate to obtain a grant of administration de bonis non ( IHTM05102).