A de bonis non grant arises where a personal representative has extracted a primary grant of representation but does no fully administer the estate, for example where he/she dies.
A de bonis non grant is appropriate where the personal representative is alive when the primary grant issues but subsequently dies; a revocation of a grant will arise where the personal representative dies between the time he applies and the grant issues.
A DBN grant will also be required where a property is to be sold and it is then discovered that the property is still registered in the name of the deceased former owner-for one reason or another the personal representative failed to execute a deed of assent to vest the property in the name of the beneficiary. This failure by the personal representative makes it necessary to raise representation once again to the estate of the deceased registered owner by way of a de bonis non grant.
There are 2 types of DBN grants:
- if the deceased died testate the appropriate DBN grant will be a “grant of letters of administration with will annexed DBN”
- if the deceased died intestate the correct grant will be a “grant of letters of administration intestate DBN”.
The persons entitled to take out a DBN grant will be, on intestacy, as set out in the Succession Act, 1965 and the Rules of the Superior Court, 1986, order 79.
In a testate situation the grant will be given to the next person entitled under the rules referred to above, assuming that the executor has died or renounced, and all other executors have died or renounced.
Documents Required to extract a DBN
To extract a DBN you will need the documents required to extract a primary grant and in addition you will need:
- the original/primary grant
- inland revenue form A3 (E) or A3 (C)
- form D1 where there is immovable property
Other second or subsequent grants can arise where there is unadministered probate and the rights of another executor were reserved prior to the death of an executor; if a will has been proved by an executor and subsequently a codicil to that will is found, a supplemental grant of probate can be issued to the acting executor.
If you find yourself in any of the situations outlined above you should really seek professional legal advice.
By Terry Gorry Google+