Administration - Administrator's Entitlement to Grant

Question 1

What is the source of an administrator’s authority to act?

Answer 1

The authority of an administrator derives from the grant of representation, not the will.

Question 2

When is a grant of letters of administration (with will) appropriate?

Answer 2

Where the deceased left a valid will, but there are no executors willing or able to act.

Question 3

What rule determines who may apply for this grant?

Answer 3

Rule 20 of the Non-Contentious Probate Rules 1987 (NCPR).

Question 4

What is the order of entitlement under NCPR 20?

Answer 4

a) Executor
b) Trustee of the residuary estate
c) Residuary beneficiary (absolute or life interest)
d) PRs of anyone in (c)
e) Other beneficiary or creditor
f) PRs of anyone in (e)

Question 5

How is priority determined under NCPR 20?

Answer 5

The order of entitlement reflects the will’s distribution, not familial relationship. One cannot apply if someone above them is willing and able to act.

Question 6

What is “clearing off”?

Answer 6

Explaining why someone with a better right to apply is not applying. Not required for others in the same category.

Question 7

When is a grant of letters of administration appropriate?

Answer 7

Where the deceased died intestate (no valid will).

Question 8

What rule governs entitlement to this grant?

Answer 8

Rule 22 NCPR 1987.

Question 9

What is the order of entitlement under NCPR 22?

Answer 9

a) Surviving spouse/civil partner
b) Children
c) Parents
d) Whole blood siblings
e) Half blood siblings
f) Grandparents
g) Uncles/aunts (whole blood)
h) Uncles/aunts (half blood)

Question 10

Who else may apply under Rule 22(3) if no family members apply?

Answer 10

• The Crown (bona vacantia)
• A creditor
• Someone who would have benefited if the estate were larger

Question 11

What must applicants show to apply under Rule 22?

Answer 11

• Their familial relationship to the deceased
• That they have a beneficial entitlement (or would have had one)

Question 12

What is the minimum and maximum number of administrators?

Answer 12

• Minimum: 1
• Two required if the estate includes minor or life interests (s.114 SCA 1981)
• Maximum: 4

Question 13

What if there is only one person eligible in the relevant category and two administrators are required?

Answer 13

That person may apply with someone from the next category