In the administration of estates, most probate matters follow a relatively standard process: the executors or administrators complete their duties, distribute the estate, and the matter is closed. However, some estates are not fully administered before the person responsible dies, becomes incapable, or is removed from office. When this happens, a second stage of probate is required, and this is where a Grant de Bonis Non Administratis, commonly referred to as a Grant de Bonis Non, becomes necessary. This Latin term, meaning “of the goods not administered”, refers to a special form of grant issued by the Probate Registry. It allows a new personal representative to complete the administration of an estate that has been left unfinished. In practice, these grants are relatively rare but essential in certain circumstances. Their complexity arises from the legal issues surrounding succession, entitlement, and incomplete estate duties.
A Grant de Bonis Non is only required where an estate has been partially administered and cannot be completed by the original executor or administrator. This usually occurs under the following circumstances:
- The sole executor or administrator has died before completing the estate administration.
- There were multiple executors or administrators, and all have either died, renounced, or been removed.
- The grant has been revoked or become void, and no other authorised individual remains to act.
- The original executor or administrator loses capacity and cannot continue in their role.
It is important to distinguish this from a simple delay in administration. A Grant de Bonis Non is not needed merely because an estate has taken a long time to administer. It is only appropriate when the original personal representatives can no longer legally act and there are remaining assets or liabilities to be dealt with.
The law surrounding the Grant de Bonis Non sits within the framework of the Administration of Estates Act 1925 and related probate practice rules. These provisions establish that where administration of an estate is incomplete, the Probate Registry may issue a further grant to allow the work to be completed. The purpose of this grant is to maintain continuity in the administration of the estate and ensure that no assets are left in legal limbo.
The grant does not reissue or duplicate the original probate. Rather, it grants authority only in respect of those parts of the estate that remain unadministered. The new personal representative is not responsible for actions already completed by the former executor or administrator but must pick up and carry forward any remaining tasks.
Entitlement to apply for a Grant de Bonis Non depends on the nature of the original grant and whether the deceased left a Will.
If the Deceased Left a Will
Where the original executor has died and no substitute was named or able to act, the person entitled to apply for the Grant de Bonis Non will typically be the next person entitled under the Will.
If all executors named in the Will are unavailable, the chain of representation determines who can apply. This means:
- If the executor died testate (leaving a Will), their own executor can apply for the Grant de Bonis Non in respect of the original estate.
- If the executor died intestate (without a Will), the chain of representation is broken, and a new person entitled under the original Will must apply.
This distinction is crucial. A broken chain of representation requires a fresh application from someone else named or entitled under the original Will, whereas an unbroken chain allows the executor of the original executor to step in.
If the Deceased Died Intestate
If the original estate was intestate, the entitlement to apply follows the statutory order of relatives set out in the Non-Contentious Probate Rules 1987. In this situation, the next of kin - such as a surviving spouse, child, or parent - may apply for the Grant de Bonis Non to complete the administration.
In both cases, the applicant must be able to demonstrate that there are unadministered assets and that they are entitled to act. The application process often involves careful examination of the original probate records and, in some cases, evidence of the former representative's death or incapacity.
A Grant de Bonis Non only authorises the administration of those assets that were not dealt with under the original grant.
The new personal representative cannot revisit decisions made by the former executor or administrator. Their role is limited to collecting, managing, and distributing the remaining parts of the estate.
This might include:
- Bank accounts or investment portfolios not yet closed or distributed
- Property that was not sold or transferred
- Debts or liabilities not yet settled
- Personal possessions not yet passed to beneficiaries
- Any legal claims or proceedings involving the estate that remain unresolved
The new personal representative must also ensure any tax obligations or final reporting duties are completed, including inheritance tax, income tax on estate income, and capital gains tax, where applicable.
Applying for a Grant de Bonis Non involves many of the same steps as applying for a standard Grant of Probate or Letters of Administration, but with additional evidence required to establish the need for a secondary grant.
The applicant will usually need to provide:
- A completed probate application form (PA1P or PA1A)
- A copy of the original Grant of Probate or Letters of Administration
- A death certificate or other proof if the previous representative has died
- An inheritance tax form (IHT205 or IHT400), if relevant
- Details of the remaining estate assets
The Probate Registry will assess the application to determine that the original estate was indeed only partially administered and that the applicant is entitled to act in the current circumstances.
In complex cases, particularly where the chain of representation is broken, legal advice is strongly recommended. Identifying the correct applicant and properly documenting entitlement can be legally nuanced.
Although the concept of a Grant de Bonis Non is legally straightforward, practical complications often arise.
These may include:
- Difficulty locating original estate documents, especially if the original administration occurred many years ago
- Issues with tracing remaining assets or liabilities
- Confusion about who is entitled to apply, especially in large or fractured families
- Problems arising from partial distributions that complicate the remaining estate
- Tax consequences linked to incomplete estate accounts or ongoing income
For these reasons, administrators taking on a Grant de Bonis Non should approach the task with care. They may need to reconstruct part of the estate's history, obtain fresh valuations, and communicate with beneficiaries who may have believed the estate was fully settled.
Where property is involved, the Land Registry may require sight of the new grant to enable title transfers. Similarly, financial institutions may need confirmation that the new representative has the legal authority to act on the estate's behalf.
Although relatively uncommon, the Grant de Bonis Non plays a critical role in ensuring that estates can be properly and lawfully concluded. It exists as a legal safeguard to prevent estates from becoming legally stranded when personal representatives are no longer able to act. Without such a mechanism, any remaining estate assets would be effectively frozen, inaccessible to beneficiaries, and potentially liable to decay or financial loss.
The grant also underscores the importance of proper estate planning and appointing substitute executors where possible. This can help avoid the need for a secondary grant and ensure a smoother administration process.
A Grant de Bonis Non represents one of the more complex elements of probate law. It requires careful legal analysis of the original grant, the extent of the estate, and the circumstances under which administration was interrupted. It also requires an understanding of entitlement under probate law, especially in cases involving broken chains of representation.
If you believe a Grant de Bonis Non may be required for an estate you are involved with, or you are unsure how to proceed following the death or incapacity of a former executor or administrator, professional legal advice is essential.
Understanding a Grant de Bonis Non can be a complex and technical process. At Premier Solicitors, our experienced probate team can assess your situation, determine your entitlement, and guide you through the application with clarity and confidence. Whether the original estate was left incomplete decades ago or more recently, we are here to help you complete the administration properly and efficiently.
For more information, please call us on 01234 358 080 or visit our contact page to send an enquiry form.
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