What is a Grant de Bonis Non?

The challenging period when a loved one dies can be made even more difficult when the Executor of the deceased’s estate also passes away during the administration process. When the existing arrangements do not allow for the administration of the estate to continue, a new application to the Probate Registry will need to be made for a Grant de Bonis Non.

A Grant de Bonis Non is applied for when the last surviving executor of an estate dies (or has become incapacitated) ,including settling any outstanding affairs such as funeral arrangements and related costs. The Grant de Bonis Non is applied for and issued by the Probate Registry and will allow another named person to complete the distribution of the estate.

When is a Grant de Bonis Non Necessary?

A Grant de Bonis Non is required in specific situations where the administration of an estate cannot proceed as originally planned. One such situation occurs when the sole or last surviving executor of the estate passes away or becomes incapacitated before the estate is fully administered. In such cases, a Grant de Bonis Non is essential to appoint a new representative to complete the process. Another scenario involves the absence of a chain of representation. If there is no remaining executor, or if the executor’s authority cannot be passed to another person through the chain of representation, the court must intervene to ensure the estate is managed and distributed correctly.

Additionally, a Grant de Bonis Non is necessary if certain tasks remain incomplete, such as selling assets, paying debts, or distributing remaining assets, allowing a new administrator to step in and fulfill these responsibilities. Understanding these scenarios can help individuals and families prepare for potential complications in estate administration, ensuring a smoother transition should the need for a Grant de Bonis Non arise.

How long does a Grant de Bonis Non take?

Grant applications can take up to sixteen weeks or longer to complete. This is due to the complexity of a Grant de Bonis Non, especially if there is a requirement for further information.

What is the cost of a Grant de Bonis Non?

As a Grant de Bonis Non tends to be needed in scenarios where a Grant of Representation has already been issued, a second application for the same estate will cost £20; additional copies of the Grant de Bonis Non cost £1.50 each.

Who can apply for a Grant de Bonis Non?

The answer to this question depends on two things:

• The circumstances of the estate, and
• The type of Grant that was originally applied for.

If the original Grant was a Grant of Probate

If the original Grant was a Grant of Probate in the name of the Executor, and if there is no chain of representation or other Executors to continue the administration, then the new Grant required is a Grant of Letters of Administration with Will annexed de Bonis Non.

This can be done by a residual beneficiary or someone else entitled to a share of the estate.

In scenarios where the sole Executor and sole beneficiary under the Will are the same, it would be the Personal Representative of the sole Executor’s estate who would apply for the Grant de Bonis Non.

Tips for a Smooth Grant de Bonis Non Process

Applying for a Grant de Bonis Non can be complex, but there are several tips that can help streamline the process. First, gather all necessary documents before applying, including the original Grant of Representation, any existing wills and details of the estate’s assets and liabilities. This preparation ensures that you have everything required for the application. Second, consider consulting with a probate specialist or solicitor experienced in estate administration to help navigate the legal complexities and avoid potential pitfalls. Their expertise can be invaluable in managing the intricacies of the process. Third, be aware of any inheritance tax liabilities or obligations and ensure these are addressed as part of the estate administration process.

Consulting with a tax advisor is crucial in navigating the often complex tax implications associated with managing an estate, ensuring that you comply with all necessary requirements and avoid any unexpected liabilities. Fourth, maintain clear and consistent communication with all beneficiaries throughout the process. Keeping everyone informed about the status of the estate administration, potential challenges, and anticipated timelines can help manage expectations, foster transparency, and minimize the risk of disputes. Additionally, if there is an existing power of attorney, it’s important to understand its role in the administration of the estate and ensure it is properly utilized where applicable. Finally, be prepared for potential delays. The application process for a Grant de Bonis Non can be intricate, and unforeseen complications may arise. Starting the application process early, regularly following up with the Probate Registry, and maintaining a proactive approach can help minimize these delays. By consulting professionals, communicating effectively, understanding legal roles such as power of attorney, and being prepared for challenges, you can facilitate a smoother transition in administering an estate under a Grant de Bonis Non.

How to obtain a Grant de Bonis Non

A Grant de Bonis Non Application must be completed on a paper probate application form; this is either a PA1P (if the original deceased left a valid Will) or a PA1A (if the original deceased died intestate). Unfortunately, these claims cannot be made online. The form must be completed by the person(s) entitled to obtain the Grant de Bonis Non and it will need to be accompanied by:

• A copy of the original Grant of Representation obtained;
• A CAP A5C form to confirm the value of the estate. This form can be obtained by contacting the Inheritance Tax helpline on 0300 123 1072; and
• Any other supporting documents, such as a copy of the Grant of Representation for the sole Executor/Administrator who has died (if their Personal Representative is applying).

If you’re based near Middlesbrough or Teesside or in the areas of Stainsby, Normanby, Stainton and Billingham or anywhere in the surrounding area, we can assist with anything you may require please contact CE Protection on 01642 493101 or email info@ceprotection.com. Please click here to learn more about Wills.