Grants and Court Procedure
Core concepts
Learn the types of grant: probate (with or without will annexed), letters of administration (with or without will annexed), grants de bonis non, grants pendente lite, grants ad colligenda bona, and grants durante absentia or durante minoritate. Know when each is used and who may apply.
Procedure
The application requires: a petition or summons, the will and codicils, a death certificate, an inventory and account of the estate, an oath or affidavit of the applicant, and, where required, sureties or a bond. The court then issues a citation where necessary, and the grant issues under the seal of the court.
Traps
Questions frequently test priority among applicants - the executor named in the will, then residuary beneficiaries, then other beneficiaries, then creditors. They also test the renunciation of executorship, the reservation of power to apply later, and the chain of representation where an executor dies before completing administration. Watch the difference between probate and administration with will annexed where the executor cannot or will not act.
Worked example
Executor predeceases the testator. The will remains valid; the executor's appointment lapses; administration with will annexed is granted to the residuary beneficiary, applying the priority rules.
Rule of thumb
Identify the grant type first, then the applicant's priority, then the supporting documents.