Q&As

A single lady died intestate leaving a minor son. The son’s father and her father took out the Grant. The father of the child has now died and the child is still minor. Another family member has been appointed as the child’s guardian by the Court. As there is a minor interest and only one administrator acting, does another Grant need to be taken out and if so, can the guardian be the co-administrator?

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Published on LexisPSL on 06/12/2019

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • A single lady died intestate leaving a minor son. The son’s father and her father took out the Grant. The father of the child has now died and the child is still minor. Another family member has been appointed as the child’s guardian by the Court. As there is a minor interest and only one administrator acting, does another Grant need to be taken out and if so, can the guardian be the co-administrator?

Section 114(4) of the Senior Courts Act 1981 (SCA 1981) states:

‘If at any time during the minority of a beneficiary or the subsistence of a life interest under a will or intestacy there is only one personal representative (not being a trust corporation), the High Court may, on the application of any person interested or the guardian or receiver of any such person, and in accordance with probate rules, appoint one or more additional personal representatives to act while the minority or life interest subsists and until the estate is fully administered.’

In this scenario, it would seem that the guardian could indeed be appointed. Ho

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