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Grants of representation — SQE1 Wills question

A worked single-best-answer question on grants of representation, with why each wrong option is wrong — the way SQE1 traps candidates.

Grants of representation

Yasmin's will appoints her brother, Omar, as her sole executor and leaves her residuary estate to her two adult daughters, Leah and Mia. Omar died before Yasmin. The will was validly executed and contains no other appointment of an executor. Leah wishes to obtain a grant so that she can administer the estate.

Which grant should be obtained, and by whom?

  1. AA grant of probate, by Leah as a substitute executor.
  2. BSimple letters of administration, by Leah as Yasmin's child.
  3. CA grant of probate, by Omar's executor under the chain of representation.
  4. DLetters of administration with the will annexed, by Omar's personal representative.
  5. ELetters of administration with the will annexed, by Leah as a residuary beneficiary.
Show answer and reasoning
E is the best answer. Probate can be granted only to an executor. Where there is a valid will but no executor able to prove, the appropriate grant is letters of administration with the will annexed. Under r 20 Non-Contentious Probate Rules 1987, a residuary beneficiary under the will has priority after any executor and any trustee of the residuary estate, so Leah may apply.

Rule: Where a will appoints no executor able and willing to prove, letters of administration with the will annexed are granted, with a residuary beneficiary entitled in priority under r 20 NCPR 1987.

  • A Leah was not appointed executor, and the court cannot grant probate to a non-executor. (wrong rule)
  • B Simple administration is for a total intestacy; here there is a valid will. (right rule, wrong facts)
  • C The chain of representation applies only where an executor proved the will and then died; Omar predeceased Yasmin. (wrong rule)
  • D Omar's personal representatives have no entitlement in Yasmin's estate because Omar predeceased her. (wrong rule)

Source: Non-Contentious Probate Rules 1987, r 20

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