Wills-No Executor!!

[Law1]

When a sole executor renounces who should the solicitor who holds the Will release it to?

[Morty Vicar]

Under the Non Contentious Probate Rules 1987, if there is no executor, the next person entitled to take out a Grant of Letters of Administration with Will Annexed is a trustee of residue, followed then by a residuary beneficiary.

[Buenchico]

MV has provided an accurate answer but it might not actually help you work out who 'the next person entitled . . . ' actually is.

This is quoted from 'Wills & Probate', published by the
Consumers' Association:

"The nearest relatives, in a fixed order, are entitled to apply for the grant. If the nearest relation does not wish to apply, he can renounce his right to do so, in which case the next-nearest becomes entitled to be the administrator, and so on, down the line of kinship"

The following is a summary of the list (in order) which follows that paragraph:
1. The surviving spouse, if any.
2. Any of the deceased person's children. (If a child of the deceased person has also died, any grandchildren, through that child, may also apply at this stage).
3. The parents of the deceased person.
4. The brothers and sisters of the deceased. (Also the children of a brother or sister).
5. Half-brothers or half-sister, or their children.
6. Grandparents of the deceased person.
7. Uncles and aunts (excluding those by marriage), or their children.
That completes the list. No other person is legally regarded as 'next of kin'.

Hoping that makes some sort of sense,

Chris

[Law1]

Many thanks, am I clear, the trustee of residue is the beneficiary?? The surviving spouse is the only beneficiary, is she the trustee of residue?

[Buenchico]

Yes, the surviving spouse is the trustee of residue.

See section 4, here:
http://www.ageconcern.co.uk/AgeConcern/Documen ts/Dealingwithsomeonesestate__FS14.pdf

Chris

[Morty Vicar]

Chris I am sorry, but I disagree.

When someone has left a will but the executor is unable or unwilling to act, the order of priority to extract a grant is not by next of kin, but determined by the will. So it will be trustee of residue, residuary beneficiary, specific legatee etc as determined by the will. The residuary beneficiary may not even be related to the deceased, but they are next entitled to extract the grant.

The order of priority you have listed is where someone has died intestate and it determines who can take the Grant of Letters of Administration.

Although in this case it matters not one jot, since the residuary beneficiary and next of kin just so happen to be the deceased's spouse!