Section 116
Approving a Grant to someone who wouldn’t normally apply in accordance with probate rules
The removal of Personal Representatives
Section 116 of the Senior Courts Act 1981 allows the High Court to appoint an administrator for an estate, instead of the person who would normally be entitled to apply for probate or letters of administration, if the Court believed it was necessary or beneficial. Application are usually brought in the Family Division as non-contentious probate business and must be supported by an affidavit setting out the grounds of the application.
Using a Section 116 to deal with Empty Properties
For those dealing with empty properties that have fallen into disrepair and pose a health and safety risk to local residents, it can be necessary for further action to be taken. If a property has been empty for a long period of time and no one has applied for probate or a personal representative is delaying proceedings, a Section 116 can be considered. The local authority or someone on their behalf can in some cases apply for a Section 116 Order and take out the Grant which will enable them to sell the property and return it to the community.
