Administrators (entitlement to grant) Flashcards
In relation to Grants of Letters of Administration (with will) where do administrators entitle derive from?
Rule 20 NCPR which contains an order of priority for those entitled to make an application for a grant.
What is the order of priority?
a) executor
b) trustee of the residuary estate
c) any residuary beneficiary, or, where there is partial intestacy, a beneficiary of the estate under intestacy.
d) the PRs of anyone in (c) other than a trustee or life tenant of the residue.
e) any other beneficiary or creditor.
f) PRs of anyone in (e).
Can a person in one category apply if there is someone in a higher category who is able and willing to act?
No.
Do individuals within the same category have an equal right to apply?
Yes, however, a beneficiary with a vested interest is preferred over one with a contingent interest.
What is “clearing off”?
The applicant must explain why anyone with a better right to apply is not doing so. Applicants do not need to explain why a person in the same category i.e. with an equal entitlement is not making the application.
In relation to grants of letters of administration, where does administrators entitlement to apply derive from?
Entitlement derives from Rule 22 NCPR.
Rule 22 lists order of priority for those entitled to make an application for grant.
What is the order of priority under Grants of Letters of Administration?
a) surviving spouse or civil partner
b) children of the deceased
c) father and mother of the deceased
d) whole blood siblings
e) half-blood siblings
f) grandparents
g) uncles / aunts of the whole blood
h) uncles / aunts of half blood
Issue of b, d, e, g and h are included where their parent has pre-deceased.
If there is no-one who can apply from (a) - (h) who can apply?
The Crown (claiming bona vacantia) may apply.
If the Crown does not apply, a creditor, or person who does not receive benefit (but would have done if the estate was larger) may apply.
What does clearing off mean under Grants of Letters of Administration?
A person in one category cannot apply in priority to someone in a higher category, those within the same category have an equal right to apply, and applicants must “clear-off” anyone with a better (but not equivalent) right to apply.
Can a PR of an individual within the order of priority apply in relation to grants of letters of administration?
Yes, the PR of any applicant who survived the deceased but died before taking a grant may apply on their behalf, although an application by a living person within the same category is preferred.
Under grants of letters of administration, must the administrators have a beneficial entitlement under the estate?
Yes.
Who does not have capacity to act?
Someone who lacks mental capacity may not apply for a grant.
A minor may not act as administrator, although it is possible for someone to apply for a grant on their behalf. However, an application by an adult with equal entitlement to apply is given priority over an application made on behalf of a minor.
Where would an application on behalf of a minor be appropriate?
*no adult with equal or greater entitlement to act.
*the minor is the only person within the category having the greatest entitlement, or, all those within the category are minors.
How many administrations must there be in relation to both letters of administration (with will) and letters of administration?
- Only one administrator is required, unless, there are minor or life interests in the estate, in which case two will be required. i.e. two are needed if any part of the estate is passing to a minor beneficiary or is to be held on a life interest trust.
- Where two administrators are required but there is only one able/willing person in the category with best entitlement to apply, that person may apply for the grant with somebody from the next category of entitlement.
- A maximum of four applicants may apply.
