It is already a difficult time when a loved one passes away and their estate is being administered. However, this challenging period can be made even more difficult when the Executor or Administrator (collectively known as Personal Representatives) of the deceased’s estate also passes away during the administration process. When a chain of representation is unable to be used to allow for the administration of the estate to continue, a new application to the Probate Registry will need to be made for a Grant de Bonis Non Administratis (less formally known as a Grant de Bonis Non).What is a Grant de Bonis Non?
A Grant de Bonis Non is a type of Grant of Representation that is applied for when the last surviving Personal Representative of an estate dies (or has become incapacitated) before finalising the administration. The Grant de Bonis Non is applied for and issued by the Probate Registry and will allow for the remaining parts of the estate administration to be finalised by the person named.
How long does a Grant de Bonis Non take?
GOV.UK states that Grant applications are currently taking approximately sixteen weeks to complete. However, it may take longer due to the complexity of a Grant de Bonis Non, especially if asked for further information to support an application.
What is the cost of a Grant de Bonis Non?
As a Grant de Bonis Non tends to be needed in scenarios where a Grant of Representation has already been issued, GOV.UK advises that a second application for the same estate will cost £20; additional copies of the Grant de Bonis Non cost £1.50 each.
Who can apply for a Grant de Bonis Non?
The answer to this question depends on two things:
- The circumstances of the estate, and
- The type of Grant that was originally applied for.
If the original Grant was a Grant of Probate
If the original Grant was a Grant of Probate in the name of the Executor, and if there is no chain of representation or other Executors to continue the administration, then the new Grant required is a Grant of Letters of Administration with Will annexed de Bonis Non.
This can be done by a residual beneficiary or someone else entitled to a share of the estate under the order of priority stated in Rule 20 of The Non-Contentious Probate Rules 1987.
In scenarios where the sole Executor and sole beneficiary under the Will are the same, it would be the Personal Representative of the sole Executor’s estate who would apply for the Grant de Bonis Non.
If the original Grant was a Grant of Letters of Administration
- With Will annexed
If a Grant of Letters of Administration with Will annexed was initially applied for in the name of one of the residual beneficiaries, and if there were several beneficiaries, the application for the Grant de Bonis Non should be made by one of the other residual beneficiaries.
If the residual beneficiary was the sole beneficiary of the estate, the application should be made by their Personal Representative. In this case, the application will be made for a Grant of Letters of Administration with Will annexed de Bonis Non.
- Under intestacy
If the original Grant applied for was a Grant of Letters of Administration and was submitted by a person who is solely entitled to the estate under the rules of intestacy, an application for a Grant of Letters of Administration de Bonis Non should be made by their Personal Representative.
If they were one of several people entitled to a share of the estate (for example, one of three entitled children), one of the other entitled individuals to the estate should apply for the Grant de Bonis Non (rather than the Personal Representative of the deceased Administrator).
How to obtain a Grant de Bonis Non
A Grant de Bonis Non Application must be completed on a paper probate application form; this is either a PA1P (if the original deceased left a valid Will) or a PA1A (if the original deceased died intestate). The Probate Registry will not allow for these applications to be made online. The form must be completed by the person(s) entitled to obtain the Grant de Bonis Non and it will need to be accompanied by:
- A copy of the original Grant of Representation obtained;
- A CAP A5C form to confirm the value of the estate unadministered. This form can be obtained by contacting the Inheritance Tax helpline on 0300 123 1072; and
- Any other supporting documents, such as a copy of the Grant of Representation for the sole Executor/Administrator who has died (if their Personal Representative is applying).
This list is not exhaustive and will depend on the circumstances of the estate that is being dealt with; further documents may be required to support the application.
Kings Court Trust is a specialist provider that offers award-winning solutions for probate and estate administration. If you have any questions about probate, estate administration, or Grants de Bonis Non, call our Client Services Team on 0300 303 9000 or fill in the form below.