Q&As

Where an individual dies intestate with no surviving spouse or civil partner, but leaving a minor child and parents, can the child be ‘cleared off’ so that the deceased’s parents can take out the grant? If this is not possible, will somebody need to take grant of letters of administration on behalf of the minor?

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Published on LexisPSL on 17/04/2018

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

  • Where an individual dies intestate with no surviving spouse or civil partner, but leaving a minor child and parents, can the child be ‘cleared off’ so that the deceased’s parents can take out the grant? If this is not possible, will somebody need to take grant of letters of administration on behalf of the minor?
  • The entitlement of a minor to a grant on intestacy
  • The intestacy rules
  • Grants on behalf of minors
  • Necessity for two applicants or trust corporation
  • Precedent oath

The entitlement of a minor to a grant on intestacy

The factual situation that arises in this Q&A is where an individual dies intestate with no surviving spouse or civil partner, but leaving a minor child and also both parents. The issue is whether the child can be ‘cleared off’ so that the deceased’s parents can take the grant. The further point made is that if this is not possible, will someone need to take out a grant of administration'>letters of administration on behalf of the minor?

The intestacy rules

The succession to the deceased’s estate on intestacy will be governed by the table in section 46 of the Administration of Estates Act 1925. The amendments enacted by the Inheritance and Trustees’ Powers Act 2014 do not affect the fact that if the intestate leaves issue but no spouse or civil partner, the estate passes to the issue of the deceased. If there are no issue, the parents of the deceased are then entitled to the estate.

In accordance with the order of priority to the grant of letters of administration set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 22, the issue of the deceased is entitled to the grant of administration if there is no spouse or civil partne

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