Chain of executorship Definition

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GLOSSARY

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What does Chain of executorship mean?

Pursuant to the administration of Estates Act 1925 (AEA 1925), s 7(1) the executor of a sole or last-surviving executor of the testator is the executor of the testator: this is known as the chain of executorship.

AEA 1925, s 7(1) does not apply where the original executor has not proved the will of the testator. Nor does it apply where the executor has appointed some other executor of the testator. The chain is broken by intestacy. Where two executors are appointed, and one dies having appointed an executor, the executorship is wholly and solely vested in the surviving executor and does not pass to the newly appointed executor. On the death of the sole surviving executor, a grant de bonis non must be made.

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The chain of representation

What is the chain of representation?When an executor takes out a grant of probate in a testator’s estate, they become an executor not just of that testator’s Will but also of any Will of any other individual of which the testator was sole or sole surviving proving executor.The chain of representation passes from proving executor to proving executor. Eg, Ahmed is the sole surviving executor of Bob’s estate and Ahmed dies before the completion of the administration of the estate leaving his own Will appointing Callie as executor of his estate. On proving Ahmed’s Will, Callie automatically becomes executor not only of Ahmed’s estate but also of Bob’s estate through the chain of representation. On Callie’s subsequent death, her executor Dionne automatically becomes executor of Ahmed’s and Bob’s estates (if the administration of those estates is incomplete) on proving Callie’s Will.Where a sole or sole surviving executor diesExecutor predeceases the testator or dies before taking a grantIf a sole executor dies before the testator or after the testator but before...

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