Should a person die while serving as the personal representative of an estate and they themselves have not left a will, the family of the first deceased will probably have to seek a Grant De Bonis Non to proceed with the first estate’s administration. This article covers all you need to know about the Grant De Bonis Non.
What is a Grant De Bonis Non?
Grant De Bonis Non is Latin for “goods unadministered”. It is a legal designation made to an executor or administrator to carry on the estate’s administration following the death of the initial executor or administrator or their resignation without fulfilling their obligations. Essentially, a Grant De Bonis Non permits the estate settlement procedure to proceed to guarantee that the deceased individual’s property is allocated to their dependents correctly.
Obtaining a Grant De Bonis Non
Only those who fit the following requirements are eligible for a Grant De Bonis Non:
- Someone who would have been qualified to act as the original personal representative should that person have died before their post was occupied.
- A candidate who is not banned from acting as a personal representative is someone with a strong enough claim to the estate to warrant designation as such.
Getting a Grant De Bonis Non follows a similar process as getting a regular grant of representation. The petitioner must, however, present documentation attesting to the death of the original personal representative as well as an accounting of the estate’s assets and debts handled by the first personal representative.
Once a Grant De Bonis Non has been awarded, the new personal representative carries the same power and obligations as the first. They oversee finishing the estate’s administration, which includes assigning assets to recipients, resolving estate debts, and turning in all necessary tax returns.
When is a Grant De Bonis Non Needed?
For the following purposes, it would be needed:
- Before the estate is closed, the first personal representative dies.
- The court calls off the authority of the original personal representative.
- The first personal representative loses capacity and is helpless to act; she is unable or reluctant to finalise the estate’s administration.
If you are considering applying for a Grant De Bonis Non, you must see a specialist who can guide you on the specific criteria in your country.
For professional probate advice, contact Probate a Will on 0203 9859554.
