Administrators' entitlement to grant Flashcards
What is the basis for the appointment of Administrators?
NCPR
Non contentious probate rules
What is the order of priority for appointing an administrator if there is a grant of letters of administration (with will)
- Executor
- Trustee of residuary
- Any residuary beneficiary (including if you are a beneficiary under intestacy, whether you are taking absolutely or for life)
- The PRs of anyone above, other than a trustee or life tenant of the residue
- Any other beneficiary or creditor
- PRs of anyone above
NCPR 20
What is the order of applicants for the Grant of Letters of Administration under NCPR 20?
- Executor
- Trustee of residuary estate
- Any residuary beneficiary
- The PRs of anyone above other than a trustee or life tenant of the residue
- Any other beneficiary or a creditor
- PRs of anyone above
Can a person in a lower category apply for the Grant of Letters of Administration if someone in a higher category is available?
No
What is the rule regarding applicants within the same category for the Grant of Letters of Administration?
Equal right to apply - although a beneficiary with a vested interest is preferred over one with a contingent interest
What must applicants explain when applying for the Grant of Letters of Administration (with will)?
Why anyone with a better right to apply is not doing so
When is a Grant of Letter of Administration used?
It is granted when a deceased person died without a valid will.
What is the order of priority for applying for a grant of letters of administration?
- Surviving spouse or civil partner
- Children
- Father and mother
- Whole blood siblings
- Half blood siblings
- Grandparents
- Uncles and aunts of whole blood
- Uncles and aunts of half blood (includes issue if parent predeceased)
- Crown as bona vacantia
- Creditor or someone who would have benefited if the estate was bigger
What must an applicant show if applying for a grant of letters of administration?
- Their family relationshp with the deceasd
- And that they have a beneficial entitlement under the estate
Must clear off anyone in a category above them.
Can someone who lacks mental capacity act as an administrator?
No, a minor may not act as administrator, but an adult can apply for a grant on their behalf.
An application by an adult with equal entitlement is given priority.
How many administrators are required for an estate?
Only one administrator is required, unless there are minor or life interests in the estate, in which case two will be required.
What if two administrators are required but only one is able/willing?
That person may apply for the grant with somebody from the next category of entitlement.
What is the maximum number of applicants that may apply for a Grant of Letter of Administration?
A maximum of four applicants may apply.
