Entitlement to Grant (Administrators) Flashcards
Administrators are appointed under what?
Non-Contentious Probate Rules 1987.
Types of representation an administrator may apply for?
1) Grant of Letters of Administration (with will annexed)
2) Grant of Letters of Administration.
When is Grant of Letters of Administration (with will) applied for?
When deceased left valid will but no valid executor.
What is Rule 20 NCPR?
Lists statutory order of entitlement as administrator for grant with will.
Statutory order of entitlement under grant of administration with will annexed?
1) Executor
2) Trustee of residuary estate
3) Residuary beneficiary
4) PR of residuary beneficiary (not trustee/life tenant)
5) Other beneficiary or creditor
6) PR of other beneficiary or creditor.
Can lower category person apply if higher category person is willing and able?
No.
What if two people are in the same category?
They have equal right to apply.
Can lower category apply if others are unwilling?
Yes, must explain why others are not applying.
When is Grant of Letters of Administration (no will) issued?
Where deceased died intestate (without a valid will).
What is Rule 22 of NCPR?
Outlines order of priority for grant of letters of administration without a will.
Order of priority for grant without a will under Rule 22?
1) Surviving spouse/civil partner
2) Children
3) Parents
4) Whole blood siblings
5) Half-blood siblings
6) Grandparents
7) Whole blood uncles/aunts
8) Half-blood uncles/aunts.
Can descendants of pre-deceased persons apply for grant of letters of administration?
Yes, children can apply if their parent in that category pre-deceased.
What if no one from any category can apply?
The Crown may apply under bona vacantia.
Can PR of someone entitled but who died before applying apply?
Yes.
What must applicant show under Rule 22?
Familial relationship and beneficial entitlement.
Can a minor act as administrator?
No, but an adult can apply on their behalf.
If both minor and adult are in the same category, who has priority?
The adult.
When is application on behalf of a minor appropriate?
1) No adult with equal/greater entitlement
2) Minor is only person in highest entitlement category.
How many administrators are needed for letters of administration?
One, unless minor or life interests exist—in which case, two are needed.
Maximum number of applicants for letters of administration?
Four.
