Q&As

Where an individual died intestate, divorced, and leaving two children, one of whom is a minor, who may apply for the grant of letters of administration?

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Published on LexisPSL on 07/11/2019

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

  • Where an individual died intestate, divorced, and leaving two children, one of whom is a minor, who may apply for the grant of letters of administration?

Where an individual died intestate, divorced, and leaving two children, one of whom is a minor, who may apply for the grant of administration'>letters of administration?

A grant of administration is required where the deceased died intestate. The order of priority of entitlement follows the entitlement to an intestate’s estate and is set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 22.

Any person within any category set out in NCPR 1987, SI 1987/2024, r 22(1) may take out the grant if:

  1. they have a beneficial interest in the estate, and

  2. they have cleared off in the statement of truth anyone above them in the priority order

A grant of administration can issue to one person unless, under any Will or on an intestacy:

  1. a beneficiary is an infant, or

  2. there is a life interest

In such a case, letters of administration must be issued to a trust corporation or at least two individuals. If a second administrator is required, the priority order of entitlement should be observed, subject to the court’s discretion. The second administrator should, where possible, be a person equally entitled to the grant (see Commentary: Second administrator: Tristram and Cootes Probate

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