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?

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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?

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,

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