Administration: Applying for Grant Flashcards
Where does entitlement to apply for Letters of Administration (with will) derive from?
Rule 20 NCPR
What is the order of priority under Rule 20?
a) executor;
b) trustee of the residuary estate;
c) any residuary beneficiary or (where partial intestacy) a beneficiary of the estate under intestacy;
d) PRs of anyone in (c) other than a trustee or life tenant of the residue
e) any other beneficiary or a creditor
f) PRs of anyone in (e).
Can someone apply if there is someone in a higher category willing to apply?
No
Can someone apply if there is someone else in the same category?
Yes
What is clearing off?
explain why anyone with a better right to apply is not doing so
Do you need to clear off someone in the same category?
No
Where does entitlement to apply for Letters of Administration derive from?
NCPR Rule 22
What is the order of priority under Rule 22?
a) surviving spouse or civil partner
b) children of the deceased
c) father and mother of the deceased
d) whole blood siblings (share both parents)
e) half-blood siblings (share one parent)
f) grandparents
g) uncles / aunts of whole blood
h) uncles / aunts of half blood
Who applies for Letters of administration if no one in the order of priority applies?
Crown (bona vacantia)
Who applies for Letters of administration if the Crown doesn’t apply?
creditor, or person who does not receive benefit (but would have done if estate was larger)
Who can apply if someone in the order of priority survived the deceased but died before taking out the grant?
PR of the applicant
What must applicants show under rule 22?
- nature of their familial relationship with the deceased
- must also have a beneficial entitlement under the estate
When may it be appropriate for someone to apply on behalf of a minor?
- No adult with equal or greater entitlement will act
- The minor is the only person within the category having the greatest entitlement, or, all those within the category are minors.
How many administrators are required usually?
One
When are two administrators required?
minor or a life interest in the estate
What happens where two administrators are required but only one in the highest category can apply?
may apply with someone from the next category
What is the max number of administrators?
4
What is an affidavit?
Formal written statement of fact which a person signs under oath
Who swears the affidavit?
Deponent
What is the authenticating statement known as?
jurat
What are the legal requirements for a jurat?
- signed by all parties and dated
- completed and signed by the person witnessing
- must follow immediately on from the text and not on a separate page
Who can witness the jurat?
independent solicitor or commissioner for oaths
What must the witness part of the jurat also state?
their name, address and qualification
When is an affidavit required?
valid will but something renders its validity or interpretation uncertain
