Understanding the Chain of Representation:
Administering an estate can be a lengthy and often complex process. But what happens if the person responsible for carrying out the process, the executor, dies before completing it? The answer lies in the legal concept known as the “chain of representation”.
This article explores what the chain of representation is, how it works, and what practical steps may need to be taken when an executor dies mid administration.
What Is the Chain of Representation?
The “chain of representation” is a legal doctrine under the Non-Contentious Probate Rules and the Administration of Estates Act 1925. It ensures continuity in the administration of estates where an executor dies before the administration is complete.
In essence, if an executor dies having obtained a grant of probate and leaves a valid Will appointing their own executors, then the responsibility for continuing the administration of the original estate passes to those newly appointed executors. This avoids the need for a fresh application to the Probate Registry or further disruption.
This chain only applies where the deceased executor has:
- Obtained a grant of probate, and
- Died testate (i.e. with a will), and
- Appointed their own executors.
A Simple Example
Imagine that Aaron appoints his friend Jill as the executor of his Will. Jill obtains probate and begins managing Aaron’s estate. Unfortunately, Jill dies before completing the administration. If Jill left a Will appointing her daughter Carly as her executor, then Carly steps into Jill’s shoes and continues administrating Aaron’s estate, along with Jill’s own.
This is the chain of representation in action:
Aaron > Jill > Carly.
When the Chain Breaks:
The chain of representation can only operate if the executor
- Has obtained probate,
- Dies with a Will, and
- Appoints an executor who is willing and able to act.
If for example, the executor dies intestate, or their Will fails to appoint an executor, or their appointed executor renounces, the chain is broken. In that case, someone must apply to the Probate Registry for a Grant De Bonis Non Administratis with Will annexed. This is often the residuary beneficiary, or someone entitled under Rule 20 of the Non-Contentious Probate Rules 1987.
Executor Dies Before the Grant – What Then?
If an executor dies before obtaining probate, they are treated as if they have never acted. If another executor is named in the Will, that person my apply instead. If not, or if all other executors are unable or unwilling to act, a suitable person will need to apply for a grant of administration with Will annexed.
In simple terms, if no grant has been issues, the chain of representation never begins.
Joint Executors and Survivorship.
If probate was granted to multiple executors, and one dies during the administration, the remaining executors continue to act. The chain of representation becomes relevant only if all acting executors have died before administration is complete.
Similarly, if one of several executors die before the grant, the others can proceed without them. A fresh application is only necessary if no executors remain willing and able to act.
Chain of Representation in Complex or Contentious Estates.
While the chain of representation works smoothly in theory, complications often arise in real-world cases, especially where estates are large, contentious or overlapping.
1. Multiple Linked Estates
A replacement executor may find themselves responsible for completing two or more estates. For instance, Jill was administering Aaron’s estate when she died. Her daughter Carly, now Jill’s executor, must handle both estates. This raises issues such as:
- Keeping assets and liabilities of each estate sperate,
- Filing tax returns for multiple estates,
- Handling any entitlements or liabilities flowing between the estates.
Such scenarios require meticulous record keeping and often the help of a solicitor or estate practitioner to ensure that no one is disadvantaged.
2. Contentious Probate Situations
If the estate is already the subject of litigation or a claim under the Inheritance (Provision for Family and Dependants) Act 1975, a new executor may inherit a complicated legal position. They may have little knowledge of the deceased’s affairs or prior communications.
In such cases, it is crucial for the replacement executor to:
- Review all case files and correspondence thoroughly,
- Seek professional legal advice,
- Liaise with the Probate Registry regarding the appropriate grant application.
Replacement executors should also protect themselves from liability, especially where delays, mistakes, or disputed distributions have already occurred.
Best Practice: Avoiding Problems in the First Place.
While the chain of representation is helpful; safety net, there are steps testators and executors can take to avoid potential problems:
- Appoint multiple executors to avoid gaps if one dies or becomes incapable.
- Name substitute executors clearly in the Will.
- Choose executors carefully, favouring those with the ability and willingness to act.
- Review Wills periodically, especially after key life events like births, deaths, or divorces.
- Maintain good estate records throughout administration, so another person could step in if needed.
These simple precautions can prevent complex and costly delays during an already difficult time for families.
Final Thoughts
The death of an executor during the state administration can create uncertainty, but the law provides a mechanism for continuity through the chain of representation. Where the conditions are met, this legal chain allows a newly appointed executor to step into the role without reapplying for probate of the original estate.
That said, things can become complicated where executors die intestate, where multiple estates overlap, or where litigation is ongoing. In these cases, professional advice is key to ensuring the estate is administered correctly and efficiently.
For private clients, ensuring their Will is up-to-date and carefully drafted can prevent complications down the line. For practitioners, a clear understanding of the chain of representation is essential for managing complex estate administration smoothly.
