chain of executorship

Quick Reference

A rule under section 7 of the Administration of Estates Act 1925 by which the executor of someone who was himself a sole or surviving executor stands, on the latter's death, in his place as executor of the testator who appointed him. Thus, if A appoints B as his only executor and B in turn appoints C as his own executor, then if A dies and subsequently B dies having already taken out a grant of probate of A's will, then C, on taking out of a grant of probate of B's will, becomes the executor of both A and B. The rule does not apply on intestacy or to an administrator, and the chain is broken by the failure of a testator to appoint an executor or a failure to obtain probate. See also de bonis non administratis.

Subjects: Law.

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