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  6. What should I do if I can't trace the executor of a will?

What should I do if I can't trace the executor of a will?

I act for a residuary beneficiary in the administration of an estate. I cannot trace the executor of the will. What should I do?

Where there are appropriate circumstances, the court can pass over the persons entitled to a grant and appoint such person(s) as the court deems necessary. This form of application is particularly helpful where those entitled to a grant cannot be traced or where it is desired to appoint some person who is not interested in the estate as beneficiary or creditor.

The application is made ex-parte under the Non-Contentious Probate Rules 1987, Rule 52, to a district judge or probate registrar supported by an affidavit.

For further information, please see the Law Society’s Probate Practitioner’s Handbook (7th edition).

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Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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