Administrators applying for a grant of letters of admisntration with the will annexed.

Question 1

What is a grant of letters of administration with the will annexed?

Answer 1

A grant issued when there is a valid will but no executor able and willing to act.

Question 2

In what situation is a grant of letters of administration with the will annexed appropriate?

Answer 2

When no executors are appointed, or they have predeceased or renounced, or where a sole executor (e.g. a spouse) divorced before the testator’s death.

Question 3

What governs the entitlement to a grant of letters of administration with the will annexed?

Answer 3

NCPR 1987, Rule 20.

Question 4

What is the first person entitled to a grant under Rule 20?

Answer 4

The executor named in the will.

Question 5

Who can apply for a grant if the executor is unable or unwilling to act?

Answer 5

Any residuary legatee or devisee holding in trust for another person.

Question 6

What must a person in a lower category do when applying for a grant under Rule 20?

Answer 6

They must clear off anyone in a higher category by explaining why they are not applying.

Question 7

What happens if a partial intestacy arises due to the will not disposing of the entire residuary estate?

Answer 7

Those entitled to the undisposed residue under intestacy rules can apply for a grant.

Question 8

In what scenario might a personal representative of a deceased residuary legatee apply for a grant?

Answer 8

If the residuary beneficiary survived the testator but died without taking the grant.

Question 9

Can a creditor of the deceased apply for a grant of letters of administration with the will annexed?

Answer 9

Yes, creditors can apply if no higher-priority applicants are available.

Question 10

What is ‘clearing off’ in the context of applying for a grant of letters of administration

Answer 10

It involves explaining why individuals in higher categories are not applying for the grant.

Question 11

Who is next entitled to a grant if a sole residuary legatee has predeceased the testator?

Answer 11

The next closest relative, according to intestacy rules.

Question 12

What must an applicant explain if applying under a lower priority category in Rule 20?

Answer 12

hey must explain their entitlement and why nobody in a higher category is applying.

Question 13

How does the registrar handle situations where the residue is not wholly disposed of by the will?

Answer 13

They may allow a grant to be made to any legatee entitled to a share in the estate disposed of by the will.

Question 14

What happens if a residuary legatee predeceases the testator but leaves an estate?

Answer 14

the personal representative of the legatee may apply for the grant.

Question 15

In what order are applicants listed for entitlement to a grant under Rule 20?

Answer 15

Executors, residuary legatees, personal representatives of legatees, other legatees, and creditors.

Question 16

Can a legatee whose legacy is contingent apply for a grant?

Answer 16

They are generally ranked lower unless directed otherwise by the registrar.

Question 17

What should a personal representative of a deceased residuary legatee prove to apply for the grant?

Answer 17

That the legatee survived the testator and is entitled to a share of the estate.

Question 18

What must a creditor demonstrate to apply for a grant of letters of administration with the will annexed?

Answer 18

That no higher priority applicant is willing or able to apply.

Question 19

Who can apply for a grant if all other legatees or creditors are deceased or unwilling to act?

Answer 19

The personal representative of a deceased legatee or creditor.

Question 20

What is the court’s general preference when there is more than one beneficiary of equal rank, but one has a vested interest and the other has a contingent interest?

Answer 20

The court prefers an application by the beneficiary with the vested interest.

Question 21

Why can’t minors act as administrators with the will annexed or apply for a grant

Answer 21

Minors are legally incapable of acting as administrators or applying for a grant because they are considered infants under the law.

Question 22

Who is allowed to apply for a grant of letters of administration on behalf of a minor beneficiary?

Answer 22

A parent or guardian of the minor can apply for the grant on the minor’s behalf ‘for the minor’s use and benefit.’

Question 23

How long is the grant issued to a parent or guardian on behalf of a minor valid?

Answer 23

The grant is limited until the minor reaches the age of 18, at which point the minor may take over.

Question 24

Under what conditions does the court require a minimum of two administrators to apply for a grant of letters of administration?

Answer 24

Two administrators are required if the estate includes a life interest or if property passes to a minor, whether the minor’s interest is vested or contingent.

Question 25

How does the Senior Courts Act 1981, s 114, limit the number of administrators who can take a grant in relation to the same property?

Answer 25

The act limits the number of administrators to four people per estate.

Question 26

Can an administrator reserve power to prove at a later stage, similar to executors?

Answer 26

No, administrators cannot reserve power to prove at a later stage.

Question 27

Can a grant of letters of administration be made to one of multiple people entitled in the same degree without notice to others?

Answer 27

Yes, a grant can be made to any one of them without notifying the others, even if others are equally entitled.

Question 28

What is an example of a grant being made to one person without notifying others equally entitled?

Answer 28

In Jenny’s estate, where her two brothers Ken and Larry are equally entitled, Ken can apply for the grant alone if Larry chooses not to act, without affecting Larry's right to half the estate.

Question 29

Can a person entitled to apply for a grant of letters of administration with the will annexed renounce the right to apply?

Answer 29

Yes, a person can renounce their right to apply, using Form PA16, just as an executor would.

Question 30

Does intermeddling in the estate affect the right of an administrator to renounce?

Answer 30

No, an administrator does not lose the right to renounce by intermeddling in the estate.

Question 31

Does renunciation of the right to apply for a grant affect a person’s beneficial entitlement under the will or intestacy rules?

Answer 31

No, renunciation does not affect a person’s beneficial entitlement to the estate.

Question 32

What form must an administrator use to renounce their right to apply for a grant of letters of administration with the will annexed?

Answer 32

The administrator must use Form PA16 to renounce their right.

Question 33

If a person renounces their right to apply for a grant of letters of administration, does it affect their ability to act as a trustee under the will?

Answer 33

No, renunciation of the grant does not affect their appointment or ability to act as a trustee.

Question 34

What happens if a person renounces their right to apply for a grant, but there are no other higher-priority applicants?

Answer 34

The next person entitled in line according to the rules of intestacy or the will may apply for the grant.