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Grant de Bonis Non

Also known as: De Bonis Non Grant, DBN

Definition

A grant de bonis non is a special probate grant appointing a new administrator to complete estate administration when the original executor or administrator dies or becomes incapable before finishing their duties.

This grant becomes necessary when the person responsible for administering an estate cannot continue their work, ensuring beneficiaries ultimately receive their inheritances despite unexpected complications.

What Does Grant de Bonis Non Mean?

Grant de bonis non—Latin for "of goods not administered"—is issued by the probate registry when an executor or administrator dies or becomes mentally incapable before completing their duties. Under the Administration of Estates Act 1925 and Non-Contentious Probate Rules 1987, this grant appoints a new personal representative to finish unfinished work. It applies whether the original authority came from a grant of probate (for executors) or letters of administration (for intestate estates). The grant covers only the unadministered portion—it doesn't reissue the original authority or require starting from scratch.

This grant is needed in three scenarios. First, when a sole or last surviving executor or administrator dies intestate before completing estate administration, the chain of representation breaks under Section 7 of the Administration of Estates Act 1925. If Margaret appointed David as executor and David died partway through administering her £450,000 estate without his own will, a grant de bonis non would be required. Second, the grant is needed when an executor or administrator loses mental capacity—requiring medical evidence and potentially Court of Protection involvement. Third, the grant may be needed when the chain of representation breaks for other technical reasons. Crucially, if the deceased executor left a valid will appointing their own executor, the chain of representation applies automatically and no de bonis non grant is needed.

Who can apply depends on the original grant type. For estates where probate was originally granted, Rule 20 of the Non-Contentious Probate Rules 1987 establishes priority—typically residual beneficiaries can apply. For estates under letters of administration, the Non-Contentious Probate Rules priority order determines eligibility. Applicants must provide the original grant, proof of death or incapacity, and valuation of remaining assets. The new administrator completes remaining tasks—collecting assets, paying debts, and distributing to beneficiaries. They are not liable for properly completed actions by the previous administrator. The process typically adds 6 to 12 months and costs £2,500 to £4,000. Executors can prevent this by having their own wills, creating a chain of representation that operates automatically.

Common Questions

"When is a grant de bonis non needed instead of using the chain of representation?" It's needed when the sole or last surviving executor or administrator dies without completing administration and either has no will themselves (breaking the chain) or becomes mentally incapable. If they left a valid will appointing their own executor, the chain of representation applies instead.

"Who can apply for a grant de bonis non?" For probate grants, typically residual beneficiaries or those entitled under Rule 20 of the Non-Contentious Probate Rules 1987. For letters of administration, the priority order in the Non-Contentious Probate Rules determines eligibility. A solicitor can help identify the correct applicant.

"Does the new administrator take responsibility for actions already completed by the deceased executor?" No. The grant only authorizes administration of remaining unadministered assets. The new personal representative is not liable for properly completed actions but must complete all remaining tasks.

Common Misconceptions

Myth: If an executor dies during estate administration, the estate automatically passes to their own executor to finish.

Reality: This only happens if the "chain of representation" applies—requiring the deceased executor to have a valid will appointing their own executor. If they died intestate, the chain breaks and a grant de bonis non is required.

Myth: The new administrator starts the entire estate administration from scratch.

Reality: The grant only covers the unadministered portion. The new administrator picks up where the previous one left off—"de bonis non" means "goods not administered," referring to incomplete work, not improperly done work.

  • Executor: The person originally appointed whose death or incapacity without a will may necessitate a grant de bonis non.
  • Grant of Probate: The original grant that a de bonis non grant supplements when administration remains incomplete.
  • Chain of Representation: The alternative mechanism that applies when a deceased executor had their own valid will—avoiding need for de bonis non.
  • Estate Administration: The process that remains incomplete, necessitating the grant de bonis non to appoint someone to finish.
  • Replacement Executor: A person nominated in the will to step in if the first cannot serve—preventing need for de bonis non.

Need Help with Your Will?

Understanding specialized probate grants like de bonis non highlights the importance of proper executor planning. By appointing multiple executors or ensuring your chosen executor has their own will, you can help prevent delays and additional costs for your beneficiaries.

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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.