Administration applying for a grant of (simple) letters of administration

Question 1

Form PA1A

Answer 1

Form PA1A is used when applying for a grant of administration where the deceased has died without leaving a valid will (totally intestate). The form is essential in initiating the process of administering the estate of an intestate individual, ensuring the correct person receives the grant according to the rules of intestacy.

Question 2

Entitlement to Grant of Administration

Answer 2

Under NCPR 1987, r 22, individuals who have a beneficial interest in the deceased’s estate are entitled to a grant of administration. The order of priority follows the intestacy rules, meaning the surviving spouse/civil partner and next of kin are prioritized. If no such person exists, the estate may pass to the Crown through the Treasury Solicitor.

Question 3

Priority Classes for Grant of Administration

Answer 3

The NCPR 1987, r 22 outlines the priority classes entitled to the grant, listed as follows:

1. Surviving spouse/civil partner
2. Children (or descendants of deceased children)
3. Parents of the deceased
4. Whole-blood siblings (or descendants of deceased siblings)
5. Half-blood siblings (or descendants of deceased siblings)
6. Grandparents
7. Whole-blood uncles/aunts (or descendants of deceased uncles/aunts)
8. Half-blood uncles/aunts (or descendants of deceased uncles/aunts

Question 4

Clearing Off Higher Categories

Answer 4

When applying for the grant, the applicant must establish why no one from a higher priority category is claiming the grant. This process is called “clearing off” and requires the applicant to explain, on Form PA1A, why no relatives from the higher categories listed in Rule 22 are applying, often by stating that no such relatives exist or survived.

Question 5

Beneficial Interest Requirement

Answer 5

Applicants for a grant of administration must have a beneficial interest in the deceased’s estate. This means that they must be entitled to inherit under the intestacy rules or could potentially inherit if the estate were to increase. The only exceptions are the Treasury Solicitor or creditors of the estate, who may apply for a grant even without a beneficial interest.

Question 6

Minors and Administration

Answer 6

Minors cannot act as administrators or apply for a grant of administration. If minors are involved, especially if the estate includes property held in statutory trusts for minors, at least two administrators are usually required to ensure proper administration, unless the court dispenses with this requirement in special circumstances.

Question 7

Number of Administrators

Answer 7

The maximum number of administrators who can receive a grant is four. When more than four individuals have equal entitlement, only four can act as administrators. Additionally, if there are multiple persons of equal priority, a grant can be made to any one of them without needing to notify the others.

Question 8

Renunciation of the Right to a Grant

Answer 8

A person entitled to a grant under NCPR 1987, r 22, may renounce their right to apply for the grant. However, renunciation does not affect their beneficial entitlement to the estate—they may still inherit according to the intestacy rules, even if they choose not to act as administrators.