More Will Questions:)

[bednobs]

if probate was never applied for at death because the estate was too low to need it, can it be applied for at a (much) later date? Also what if the executor is now dead - can the executors executor apply for the probate on the original will?

[Peter Pedant]

hi Bed

this says that delayed probate is far from unheard of ( = quite common )
http://forums.moneysavingexpert.com/showthread.php?t=5047150

Dead executors, where is Barmaid ? - I thought executors duties were not delegable - so that if one died then you had a few more to choose from, from the terns of the will, until they all died when you had to apply to the court. Good reason to appoint more than one executor

I am pretty sure the executor's executors have no role in all this

[Buenchico]

There's no time limit for seeking a 'grant of representation' (i.e. probate).

There's a 'pecking order' of who is entitled to apply for such a grant. See Section 20 here:
https://consult.justice.gov.uk/digital-communications/draft-rules-in-relation-to-non-contentious-probate/supporting_documents/probaterules2013.pdf

[bednobs]

i didn't make myself clear - sorry! the reason i'm asking is a scenario where there is a large payment to be made to the estate that wasn't apparent at the time. We are talking 10 years later. and the executor was also sole beneficiary The reason i asked about the executor's executor was because they will now have to deal with this large payment on behalf of the executor's estate!

[Buenchico]

This is such an unusual circumstance that I feel rather out of my depth here but I'm confident that the staff at your local Probate Registry will know whether the executor's executor has the right to seek a grant of representation.

Enter your postcode (or preferably the postcode of the first testator) here to find who to contact:
https://courttribunalfinder.service.gov.uk/search/postcode?aol=Probate

[bednobs]

is it really that unusual?

[Peter Pedant]

epitome of title was nt brought up to date between 1955 and 1990 in my parents case and there seemed to be no problem

( but transfers between spouses were IHT free )

[Misky]

The Executor's Executor can make an application for the Grant of Probate. As the deceased Executor was the sole beneficiary of the first estate, then the deceased Executor's estate is now entitled to the money.... simply put. x