Introduction:
"De bonis non" (Latin for "of the goods not administered") is a legal term referring to a grant of representation (probate or letters of administration) required when the sole or last surviving executor or administrator of an estate dies before fully completing the administration of the estate. Essentially, it's a situation where the original executor or administrator dies before finishing the job of distributing the deceased's assets, and a new person needs to be appointed to take over.
Significance of the principle:
A grant "de bonis non" is necessary when the "chain of representation" is broken due to the death of the sole or last surviving executor or administrator. This means there's no one left to complete the administration of the estate, and a new person must be appointed by the court.
Two common types of grants:
Administration De Bonis Non (with will): This is issued when the sole or last surviving executor dies before fully administering the estate, and there's a will in place.
Administration Intestate De Bonis Non (without will): This is issued when the sole or last surviving administrator dies before completing the administration of the estate, and there's no will.
Applicability:
When a grant "de bonis non" is issued, the new administrator takes over the legal responsibilities of completing the administration of the estate, including distributing the assets according to the will (if there is one) or the laws of intestacy (if there isn't a will).
"Administrators de bonis non":
The person appointed to administer the estate in these cases is called the "administrator de bonis non".
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