2

Is there a valid reason to withhold a Larke v Nugus request when there is no personal representative? Imagine the situation where a person in England dies testate and:

  • All executors have renounced their positions.
  • Residual beneficiaries are a number of separate charities.
  • None of the residual beneficiaries have agreed to act as the deceased's personal representative.
  • The solicitors who wrote the will refuse to respond to a Larke v Nugus request from the deceased's family (next-of-kin) on the basis of there being no personal representative.

How can the next-of-kin get the solicitors who wrote the will to respond to the Larke v Nugus request? Could a Legacy beneficiary act as the deceased's personal representative.

1

1 Answer 1

2

How can the next-of-kin get the solicitors who wrote the will to respond..?

By the most appropriate person applying to be the Personal Representative and then making the request.

... if the people appointed as executors are unwilling or unable to act, the estate will instead be sorted out by an administrator. The administrator will usually be a close relative of the person who has died, if there is one. In order to be an administrator, the person must apply for a Grant of Letters of Administration from the court which grants the power to unfreeze the assets and administer the estate. Source

5
  • Rick: When you say "applying to be the Personal Representative" are you referring to applying for Letters of Administration or something different?
    – NickC
    Feb 5 at 15:10
  • @NickC Letters of Administration which are granted by the Probate Court
    – Rick
    Feb 6 at 12:44
  • Next of Kin cannot apply for Letters of Administration as they are not one of the Residual Beneficiaries.
    – NickC
    Feb 7 at 12:42
  • @NickC That's news to me. What has led you to that conclusion?
    – Rick
    Feb 7 at 12:58
  • I was under the impression that only those who are beneficiaries could apply for Letters of Administration, is that incorrect? Can a non-beneficiary apply for Letters of Administration.
    – NickC
    Feb 9 at 13:32

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.