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PART 14E+WMISCELLANEOUS AND SPECIAL CASES

Death of proprietorE+W

Registration of a personal representativeE+W

163.—(1) An application by a personal representative to become registered as proprietor of a registered estate or registered charge—

(a)in place of a deceased sole proprietor or the last surviving joint proprietor, or

(b)jointly with another personal representative who is already so registered, or

(c)in place of another personal representative who is already registered as proprietor,

must be accompanied by the evidence specified in paragraph (2).

[F1(2) Subject to paragraph (3), the evidence that must accompany an application under paragraph (1) is—

(a)the original grant of probate of the deceased proprietor and, where section 7 of the Administration of [F2Estates] Act 1925 applies, the original grant of probate showing the chain of representation, to prove that the [F2applicant] is his personal representative,

(b)the original letters of administration of the deceased proprietor showing the [F3applicant] as his personal representative,

(c)a court order appointing the applicant as the deceased’s personal representative, or

(d)(where a conveyancer is acting for the applicant) a certificate given by the conveyancer that he holds the original or an office copy of such grant of probate, letters of administration or court order.]

(3) An application under paragraph (1)(c) must be accompanied by evidence to satisfy the registrar that the appointment of the personal representative whom the applicant is replacing has been terminated.

(4) When registering a personal representative of a deceased proprietor, the registrar must add the following after the personal representative's name—

“executor or executrix (or administrator or administratrix) of [name] deceased”.

(5) Before registering another personal representative as a result of an application made under paragraph (1)(b) the registrar must serve notice upon the personal representative who is registered as proprietor.