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UK Grant of Rep: Removing Representatives

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  • UK Grant of Rep: Removing Representatives

    Help please!
    With agreement of the other Representatives - they need to be removed from a Grant due to sickness - It will therefore leave just one Representative to act.
    How can this be done?
    What Court and form is used?
    What evidence is needed to support an application?

    Thanks very much in advance
    Tags: None

  • #2
    Which UK country?

    Comment


    • #3
      In England. After removing the Reps, I need to get a revised and new version of the Grant of Rep without those Reps on it. Not sure of the procedure either. But am hoping I won't need a lawyer

      Comment


      • #4
        Provided the executors haven't intermeddled with the estate they can renounce their executor role using form PA15. Poor health is an acceptable reason to renounce

        Section 28 of the Administration of Estates Act 1925 defines intermeddling as:

        Obtaining, receiving or holding the deceased's assets without full consideration, or
        Releasing any debt or liability due to the deceased's estate

        The following is not counted as intermeddling:
        Arranging and paying for the funeral
        Carrying out urgent repairs to the deceased's property
        Insuring the deceased's assets and other similar safeguarding actions

        If the executors refuse to step down or have intermeddled, court action is required to remove them
        A court application should be made under S50 of the Administration of Justice Act 1985
        Last edited by Pezza54; 18th September 2024, 09:54:AM.

        Comment


        • #5
          Thanks
          Got an update. Still stuck.

          It was a simple Part 8 claim £365 or free in this case. Personal Rep (was very much involved in estate before hand) but removed themselves. Non-contentious. Judge agreed based on the statutory reasons for removal. Got county court order.

          Problem was no one sent the order to Probate Registry. That's the bit we got stuck on. Still stuck.

          Turns out now I think if it happens again Claim form needs to also ask that the court should agree that the Court Manager sends the Court Order to Leeds Probate Registry (Don't know why but all roads tend to lead to Leeds) and order that the Probate Registry ensures the Grant register is updated and issues new sealed grant with the Reps names less one.

          Comment


          • #6
            It is not necessary to revoke the original grant and obtain a new one
            An executor, the remaining one in your case, can act alone.
            If any organisations query the second executor, show them the court order

            Comment

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