When can a residuary beneficiary administer an estate?

This may be because executors have died or renounced, or because the appointment of the executors is missing or void (because the will was badly drafted).

In this scenario, one or more residuary beneficiaries can step in and administer the estate. They will act as personal representatives in place of any executors, and will be responsible for the probate process and for carrying out the terms of the will.

They will be known as administrators, a type of personal representative.

Who are residuary beneficiaries?

A residuary beneficiary is a person who receives a share of an estate after specific gifts, expenses and debts have been paid. See our guide “What is a residuary beneficiary?”.

How many residuary beneficiaries?

There can be any number of residuary beneficiaries in a will.

Only one residuary beneficiary needs to deal with the probate process and apply for the grant, but up to four can do so.

Renouncing

A residuary beneficiary who is not administering the estate does not need to renounce or have “power reserved”. Assuming they are happy for a particular residuary beneficiary to administer the estate, they do not need to take any action.

Grant of letters of administration with will annexed

The type of grant of representation will be a “grant of letters of administration with will annexed”. This is the grant received when there is a will but no executors.

Not always straight forward

Often it is easy to work out (a) whether any of the executors listed in the will can act and (b) who the residuary beneficiaries are.

Sometimes, however, the identity of the residuary beneficiaries is not clear (particularly if the will was badly drafted), and if some residuary beneficiaries receive their share “on trust”, and others do not, there could be complications.

Nevertheless, if you are dealing with probate without professional assistance, the Probate Service can assist, and will do so when you submit the application for grant of representation, if you do not request assistance before-hand.

If a solicitor or other probate professional is conducting the probate process, they should advise about who is entitled to act and deal with the process accordingly.

If in any doubt, consult the Probate Service, a solicitor or another probate professional.

No executors and no residuary beneficiaries?

In the unlikely event that there are no executors or residuary beneficiaries willing or able to act, an order of priority is followed. In this event, we recommend seeking advice from the Probate Service, a solicitor or another probate professional.