Q&As

In an intestate estate, the deceased left one surviving child (A) and the two adult children (C and D) of his other child, B, who predeceased him. Can A, C and D all insist on being appointed as personal representatives or can A apply to be sole administrator, even if C and D wish to apply too?

read titleRead full title
Published on LexisPSL on 09/01/2018

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

  • In an intestate estate, the deceased left one surviving child (A) and the two adult children (C and D) of his other child, B, who predeceased him. Can A, C and D all insist on being appointed as personal representatives or can A apply to be sole administrator, even if C and D wish to apply too?

On the assumption that the testator died recently the order of priority to take out a grant to their intestate estate follows the entitlement to the estate itself, as set out in the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987). In this Q&A the intestate left a son and grandchildren.

Any person within any category set out in NCPR 1987, SI 1987/2024, r 22(1) may take out the grant if they have a beneficial interest in the estate and they have cleared off in the oath anyone above them in the priority order, subject to a maximum number of four appointments.

NCPR 1987, SI 1987/2024, r 22 states that after a sur

Related documents:

Popular documents