It is sometimes the case that an executor appointed in a Will dies having obtained the Grant of Representation, but before they have completed the administration of the estate. For the purpose of this article, we will call that executor the ‘representative’. If there are other living representatives, they will continue to act. However, if the deceased was the sole or last surviving one, the chain of representation will apply.
The chain of representation is a relatively self-explanatory term and means that the executor of the deceased representative is also the executor of the original estate. If the deceased representative did not leave a Will and died intestate, the chain of representation will be broken and the administration of the first estate will pass back to the next of kin in that estate.
If the appointment via the chain of representation is an unwelcome surprise, fear not, you do not have to act. However, you must renounce your appointment as executor of the deceased to relieve yourself of your duties as executor in the original estate, so it is not a decision to be taken lightly.
It is possible that there may be an unbroken sequence of successive executors. The last executor in that chain would therefore be the executor for each preceding deceased and their estates.
If you have any queries about the chain of representation or the administration of estates generally, please get in touch with a member of our Wealth Management team on 01494 521301.