How can I force someone to apply for the Grant of Probate or Letters of Administration
In circumstances where a Deceased passes away without leaving a Will, it may be instead necessary to apply for Letters of Administration. These appoint an administrator, sometimes known as a personal representative (PR).
This article refers to a Grant of Probate. The same process applies when Letters of Administration are sought.
Section 44 of the Administration of Estates Act 1925 refers to the ‘Executor’s Year’. This provides an Executor with 12 months post-death, following which steps can be taken to compel distribution of the estate.
One method to compel distribution is to make use of a Citation. A Citation is a legal notice which can be used to force an Executor to take specific actions.
A citation, often accompanied by a witness statement or an affidavit, is sent to the Registrar of the Probate Registry, which once sealed, can then be served on the Executor often providing them with a set timeframe by which to apply for the Grant of Probate, or to refuse to do so.
If the Registrar deems it appropriate, they may then permit the applicant to apply for the Grant of Probate, if appropriate.
William Cook, an Associate Solicitor from our Dispute Resolution team, said:
“Citations offer an alternative to the usual process of making a Court application for the removal or renunciation of the Executor. This process is often at far lower cost and faster than proceeding via the Courts.
Our Contested Wills team are able to advise further as to which form of citation may be most appropriate in your particular circumstances and can also advise if you have been in receipt of a citation.
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