Entitlement to grant Flashcards
(11 cards)
when is a grant of probate sought?
where D left a valid Will appointing executor(s) who are able and willing to prove the Will
when is a grant letters of administration (with Will annexed) sought? give examples of such situations
D left a valid Will, but there is no executor able and willing to prove it.
Examples:
o The Will doesn’t appoint an executor
o The Will appoints their spouse/CP as the only executor and they are now divorced
o All executors are predeceased or have renounced
when is a grant letter of (simple) administration sought?
D died completely intestate (i.e. no Will)
when would a grant on behalf of a minor need to be obtained (4)?
who obtains this and how?
Where:
o A minor is the sole executor/person entitled to take GLA;
o All the executors/persons entitled to take GLA in that class are minors;
o The executors are a mix of adults and minors and an adult cannot act;
o The persons entitled to GLA are a mix of adults and minors and 2 adult administrators will not act
Then someone with PR (and if not, a guardian) can apply for GLA for the use and benefit of the minor. They cannot renounce M’s right to take GOR when they turn 18.
what happens if more than 4 executors apply?
- A GOP will issue to a max. of four people
- If the Will appoints more than four executors, then the grant will issue to the first four to apply with powers reserved to the others
- Applying executors must give notice to any executors not included in the application who have not renounced.
what is the order of priority for grant letters of administration (with Will annexed)?
where appropriate, explain which competing interests will take priority
- The executor
- Trustee of the residuary estate
* i.e. ‘I leave the rest of my estate to my daughter Anna, to hold in trust for my son Ben, until he turns 18’ - Anna is the trustee and could apply for GLA (w/a) - Any residuary B (inc. Bs named in the Will + Bs with a life interest + any B who will inherit under IR)
* Bs with a vested interest take priority over those with a contingent one (unless the court orders otherwise) - PR of a residuary B (unless B only had a life interest)
- Any other B (inc. Bs with a life interest) + creditors
- PR of any other B or creditors
* Bs with a vested interest take priority over those with a contingent one (unless the court orders otherwise)
what is the order of priority for grant letters of (simple) administration and requirement of the applicant?
what happens if an entitled application survives D, but dies before taking the grant?
The applicant will only take the grant if they have a beneficial interest in the estate
Order the same as intestacy rules (in addition to creditors & other persons), i.e.:
1. Spouse/CP
2. Issue
3. Parent(s)
4. Full siblings (or their issue if predeceased)
5. Half siblings (or their issue if predeceased)
6. Grandparents
7. Full aunts/uncles (or their issue if predeceased)
8. Half aunts/uncles (or their issue if predeceased)
9. Crown as bona vacantia (Crown can make give to another dependant)
10. Creditors + any person with no immediate interest but might become entitled if further assets materialised
If a person entitled survives D but dies before taking out a grant, their PR may apply
what must an applicant apply for grant letters of administration (both kinds) do?
In the application, the applicant will need to:
o Clear off (i.e. explain why those in a higher rank are not taking GLA)
o Explain their entitlement to take GLA
if there are multiple applicants for GLA, how can the applications be made?
Those equally entitled can make separate or joint applications
what are the similarities and differences between applying for GLA and GOP?
- with GLA, applicants are not required to notify others entitled of their application, whereas executors are.
- with GOP, a sole executor is permissible if there is a life interest and/or minor interest, whereas there must be at least 2 administrators
- there can be only 4 executors and 4 administrators. If more than 4 administrators apply, power cannot be reserved (whereas power can be reserved to executors)
- both can renounce entitlement. Administrators do not lose the right to renounce by intermeddling, but executors do.
if there is not 2 administrators in an entitled rank prepared to take GLA where there is a minor and/or life interest, what can the administrator prepared to act do?
If no one else in the entitled rank is willing/able, the administrator can nominate someone from the next rank.
The court can also dispense with this where expediate i.e. M turning 18 soon
