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Chain of Representation

Also known as: Succession of Executors

Definition

A chain of representation is a legal principle where the executor of a deceased executor automatically assumes responsibility for completing the original estate administration without requiring a new grant of probate.

This ensures continuity when executors die during administration, preventing delays and protecting beneficiaries.

What Does Chain of Representation Mean?

Under Section 7(1) of the Administration of Estates Act 1925, "an executor of a sole or last surviving executor of a testator is the executor of that testator." This creates automatic succession where executor responsibilities pass down without court intervention when executors die during estate administration.

The chain requires three conditions: the deceased executor obtained probate, left a valid will appointing their executor, and that executor is willing to act. Margaret dies in 2020, appointing daughter Sarah as executor. Sarah obtains probate but dies in 2022, having appointed husband David. David becomes executor for both estates without a new grant—saving months of delays and thousands in costs.

Chains can extend through generations. James appoints solicitor Thomas. Thomas obtains probate but dies, having appointed Rachel. Rachel dies, having appointed Michael. Michael becomes executor for all three estates.

The chain breaks if the deceased executor died intestate, never obtained probate, or other executors are still acting. When chains break, a Grant de Bonis Non Administratis is required, costing £2,000 to £5,000 with delays of six to twelve months. Administrators cannot create chains—only executors under Section 7(1).

Common Questions

"What happens if my executor dies before completing probate?" If your executor obtained probate before dying, their executor automatically steps in under Section 7 of the Administration of Estates Act 1925, provided they left a valid will.

"Does the chain of representation work if my executor dies intestate?" No, the chain breaks without a valid will. Someone must apply for a Grant de Bonis Non Administratis. The chain only applies when each executor has a valid will.

"Can a chain of representation continue through multiple generations?" Yes, a chain continues indefinitely while unbroken. Each link requires a valid will and grant of probate.

Common Misconceptions

Myth: If my executor dies, the estate automatically goes back to the probate court to appoint someone new.

Reality: If the deceased executor obtained probate and left a valid will, their executor automatically takes over without court intervention. Section 7 of the Administration of Estates Act 1925 created this automatic succession to avoid delays.

Myth: An administrator appointed under intestacy can create a chain of representation just like an executor.

Reality: Chains only apply to executors under valid wills, never administrators. Section 7(1) AEA 1925 applies to "an executor of a sole or last surviving executor," excluding administrators entirely.

  • Executor: The person who can create chains of representation—administrators cannot form these succession links.
  • Grant of Probate: The legal authority deceased executors must have obtained before chains can apply.
  • Grant de Bonis Non: The court order required when chains break due to intestacy or other circumstances.
  • Estate Administration: The process that chains allow to continue despite executor deaths.
  • Personal Representative: The broader category encompassing executors who can form chains and administrators who cannot.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.