Will Annexed Grants – Some Tips
18 December 2020
Who knows. What level are we in? I’ve lost count. Is it 5, is it 1 (which is the worst??!!). If we are back in our offices, we might be cranking up the home printer again and living in the Annex. But talking about the Annex got me thinking about will annexed grants (ouch! #LameSegway). However this was something I came across recently by a particular pernickety officer in the probate office.
So in my case I was proving a will of a testatrix. In fact it was a UK will and I was proving the sealed and certified copy of same. In this case our executor client had extracted a personal grant in the UK. He had extracted a will annexed grant. The testatrix appointed two solicitors as executors. Her residue was then left to her husband but if he pre-deceased then to her son. All fairly straight forward.
So you will recall, a will annexed grant is one where no probate has been taken out but the executors have died or have renounced. So, to cut a long story short, as you will know, under order 79.5(6) where the executor is dead but the will hasn’t been proved, that nine times out of ten it will be the residuary legatee that will extract the grant. Just to remember then, if there is an order of entitlement in the residue clause, (for example, that it goes to Mary first but if she dies then to Sean) then in that case you must clear off in your oath the first residuary legatee before the surviving legatee.
This is a copy of the title that I used, after it was amended by the eagled eyed probate officer
aged 18 years and upwards, make oath and say, that I believe the sealed and court certified copy of the English Grant annexed hereto and marked by me to contain a sealed and court certified copy of the true and original last will of Mary Jane Pickering late of 8 Bramley Avenue, Laurel View, Hertz H43 N67, United Kingdom, Widow, deceased, a grant of which was issued by the High Court of Justice in the Principal Registry of the Family Division of England and Wales on the 12 day of June , 2006 and that same was made by the said Mary Jane Pickering after attaining the full age of eighteen years, and that she did not intermarry with any person and did not enter into a civil partnership after the making of same, and that Andrew Walmstow one of the executors therein named, predeceased the said testatrix on the 9th January, 1992 and that William Charles Bloomer the other executor therein named, predeceased the said testatrix on the 10thJune, 1999, and that the residuary legatee namely George Pickering the husband of the deceased predeceased the deceased and I am the lawful son of the said Mary Jane Pickering and that I am the substituted residuary legatee and devisee named in the said will, that I will well and faithfully administer the estate of the said testatrix etc..
So the important point about the title here is the magic word of “substituted”. The probate office like that.
Hope you find that useful!