Letters Of Administration

Grant De Bonis Non


Grant De Bonis Non is Latin terminology for 'goods unadministered'. You will need to apply for Grant De Bonis Non in situations where the Executor of a Will (or an  Administrator of an Estate) has died either during the process of the probate administration or has died and part of the original estate has assets that have been left.


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Intestacy Rules

Understanding a Grant De Bonis Non

The easiest way to explain the Grant De Bonis Non is to outline a scenario. So, lets assume a guy name John Smith has died. At this point it does not matter whether he dies intestate or by leaves a Will.  If he made a Will he would have appointed an Executor, if he did not the person who takes our probate for his estate will be the next of kin. Regardless lets assume his son Paul Smith is either the Executor or the Administrator.  Paul steps forward and starts to deal with the estate  Paul manages to obtain Probate and it is his name that will appear on the Grant of Probate for John's estate.

Breaking the Chain of Representation

Continuing from above, lets now say Paul Smith passes away,  but he has not made a Will.  The Probate that he took out on John's estate is considered to be Grant of Representation. This means by not making a Will, Paul has inadvertently broken the chain of representation of John's estate.  If administration of John's estate remains un-administered, i.e if there is still money left in a bank, a Grant of De Bonis Non of Johns Estate will be required in order to complete administration. 

Who can apply for a Grant De Bonis Non

In the scenario we have detailed above, where the chain of representation is broken, if Paul is married it will be his wife that is entitled to take out a Grant of Letters of Administration for Paul's estate but she is not entitled to take out a Grant De Bonis Non on John's estate. In order to work out who is entitled to take a Grant De Bonis non on John's estate we would need to look back at the family tree of John. 

Avoiding the Need of Grant De Bonis Non

To avoid a situation where a Grant De Bonis non is required and to not be put in a situation where the chain of representation is broken, it is important that if you step forward to be an active Executor of a Will or accept an appoint under Letters of Administration that you immediately Make a Will.

What is required for a Grant De Bonis Non 

When applying for a Grant De Bonis non the person who is going forward will need to know the family tree of the first to die and of course they will need to know what assets remain un-administered.

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