Problems with the estate or executors
There are several issues that can come up with an estate, including:
- all the executors have died
- there are multiple executors
- the executor is unknown
- probate is contested
- someone died abroad, without a UK grant of probate or confirmation
If all of the executors of the estate have died
If the executor of an estate eligible for compensation dies, their executor can apply for the compensation on behalf of the estate. This is known as a ‘chain of representation’.
This can only happen if everyone in the ‘chain’ died with a will.
If the chain of representation is broken because an executor dies without a will, you must obtain a second grant (or 'grant de bonis non').
Example
Abigail dies after receiving infected blood. Ben is named as an executor on her estate and gets a grant of probate, but dies before applying for compensation. Chris is then named as executor of Ben’s estate. Chris can apply for compensation on behalf of Abigail as Ben’s executor.
England and Wales
If all the executors have died, you’ll need to show us the certified grants of probate for everyone who has been executor for the estate.
You’ll also need to submit a letter with your application with details of previous executors in the following format:
[Name and date of death for each executor]
I confirm that the dates of death provided are true to the best of my knowledge.
[Your signature]
[Date]
Scotland
If all of the executors have died or are unable to act you will need to show you have confirmation for the estate of the person who received infected blood.
For example, you could show a ‘confirmation ad omissa’ or a ‘confirmation ad non executa’.
Northern Ireland
If all the executors have died you’ll need a solicitor to provide written confirmation that you have a chain of representation.
This must be signed and dated by the solicitor and must include their roll number.
You will also need to provide the certified grants of probate for everyone who has been executor for the estate.
Where there are multiple executors or personal representatives
If there are multiple executors or personal representatives, this will be shown on the grant of representation.
IBCA will discuss making a claim with you if you are a personal representative named on the grant. We'll then search for any applications made by another personal representative to the same estate.
If there are no other applications, we will ask you to confirm you have the consent of the other representatives to take forward the claim. If another application is found, we will notify other representatives and the applications will be merged.
If you and any other representatives cannot agree on who is leading the claim, we will put the claim on hold. You can seek independent legal advice if there's a dispute.
Where probate is being contested
The probate may be contested:
- formally with the relevant body via a legal notice called a ‘caveat’
- informally for example, via a family dispute.
We won't go ahead with a claim until the matter has been settled and we have formal confirmation of who has legal authority.
You can seek independent legal advice if there's a dispute.
Where the executor or personal representative is unknown
If you aren't named as the personal representative or executor on the grant, we will not be able to take the claim forward.
You can legal advice if you need support in identifying or tracing the correct representative.
If someone died abroad
If someone eligible for compensation died abroad, you'll need to apply for a UK grant of probate, letters of administration or confirmation before registering your intent to claim.
This is because IBCA compensation is based on a UK right to payment. To release funds to an estate, UK Government institutions require a UK grant.