Administration: Entitlement to the Grant (Administrators) Flashcards
Under NCPR 22, who has the highest priority to apply for a grant where a person dies intestate?
A. Children
B. Siblings of the whole blood
C. Grandparents
D. Surviving spouse or civil partner
D. Surviving spouse or civil partner
Explanation: Under Rule 22, the surviving spouse or civil partner has the highest priority to apply for a grant on intestacy.
Under NCPR 20, who has priority to apply for a grant of letters of administration (with will) when a will names no executor?
A. Trustee of the residuary estate
B. Deceased’s parent
C. Friend who received a legacy
D. Residuary beneficiary
A. Trustee of the residuary estate
Explanation: Under Rule 20, the trustee of the residuary estate (if appointed) ranks above residuary beneficiaries in entitlement.
In an intestacy, if both parents are alive and the deceased has no spouse or children, who is entitled to apply for the grant?
A. Father and mother jointly
B. Uncle
C. Half-sibling
D. Residuary legatee
A. Father and mother jointly
Explanation: Under Rule 22, parents (if both are alive) have equal priority and apply together if willing.
In which case will an applicant be unable to apply under Rule 20, even though they are a relative?
A. They are not mentioned in the will and are not a beneficiary
B. They are the deceased’s sibling
C. They are the residuary beneficiary
D. They are a named trustee of the residue
A. They are not mentioned in the will and are not a beneficiary
Explanation: Entitlement under Rule 20 follows beneficial entitlement, not family relationship. Relatives not named in the will have no standing.
The deceased left a will giving everything to their two adult children but did not appoint any executors. Who can apply for the grant?
A. Parents of the deceased
B. Trustees of the deceased’s pension
C. Deceased’s brother
D. Both children
D. Both children
Explanation: The children are the residuary beneficiaries under Rule 20 and can apply for the grant as no executors were appointed.
The deceased died intestate leaving a surviving civil partner, two adult children, and a mother. Who is entitled to apply for the grant?
A. Children jointly
B. Civil partner
C. Mother of the deceased
D. All three equally
B. Civil partner
Explanation: Under Rule 22, the surviving spouse or civil partner has the highest priority and can apply alone.
The deceased’s will names no executor. The residue goes to the deceased’s brother. Who may apply under Rule 20?
A. The brother as residuary beneficiary
B. A creditor
C. The deceased’s best friend
D. Any family member
A. The brother as residuary beneficiary
Explanation: As the named residuary beneficiary and no executor is appointed, the brother has priority under Rule 20(c).
The deceased died intestate. She had no spouse or children but is survived by her full-blood sister and half-blood brother. Who may apply?
A. Full-blood sister
B. Half-blood brother
C. Grandparent
D. Deceased’s cousin
A. Full-blood sister
Explanation: Under Rule 22, whole-blood siblings rank higher than half-blood siblings or other relatives.
The deceased died intestate and is survived by a minor son. Can the minor apply for the grant?
A. Yes, provided a guardian consents
B. No, a minor cannot act as PR
C. Yes, if they are the sole heir
D. Yes, if the will allows it
B. No, a minor cannot act as PR
Explanation: Under Rule 32, a minor cannot act as PR. Someone else must apply, preferably an adult in the same or higher category.
The deceased left a will, naming their partner as executor and leaving the entire residue to their children. The partner predeceased. Who may apply under Rule 20?
A. The children as residuary beneficiaries
B. The deceased’s sibling
C. A creditor
D. The partner’s executor
A. The children as residuary beneficiaries
Explanation: No executor is alive to act, so the residuary beneficiaries are next in line under Rule 20(c).
The deceased died intestate. The only surviving relative is a half-sister. Can she apply?
A. Yes, under Rule 22(e)
B. No, she has no standing
C. Yes, only if she is a creditor
D. No, only whole-blood siblings can apply
A. Yes, under Rule 22(e)
Explanation: Half-siblings have a right under Rule 22(e), provided there is no one with a better claim.
A residuary beneficiary under a will is a minor. How many administrators are required under the grant of letters of administration (with will)?
A. One
B. Two
C. Three
D. Four
B. Two
Explanation: Under s114 Senior Courts Act 1981, two administrators are required when a minor has an interest in the estate.
