Non-Contentious Probate Rules (Rule 22) (Grants of representation)- FS Flashcards
(10 cards)
What is Rule 22 of the Non-Contentious Probate Rules
Rule 22 of the NCPR sets out the statutory order of priority for applying for a grant of letters of administration where a person dies intestate (i.e., without leaving a valid will).
What is the correct grant where the deceased died intestate?
A grant of simple letters of administration, applied for using form PA1A, must be obtained by a person entitled under Rule 22.
Rule 22 – Order of Priority for Applying for Letters of Administration (Intestacy)?
- Surviving spouse or civil partner
- Children of the deceased (and issue of any predeceased child)
- Parents
- Siblings of the whole blood (and their issue)
- Siblings of the half-blood (and their issue)
- Grandparents
- Uncles and aunts of the whole blood (and their issue)
- Treasury Solicitor, where no entitled relatives exist
Who takes priority if the deceased left no surviving spouse, children, or parents?
The next in line would be siblings of the whole blood, and if none exist, siblings of the half-blood.
Can a nephew or niece apply for a grant of representation under Rule 22?
Yes, issue (descendants) of a predeceased brother or sister of the whole or half-blood can apply in place of the original relative.
When does the Treasury Solicitor become entitled to the grant?
When there are no entitled relatives and the estate passes to the Crown under the rules of intestacy, the Treasury Solicitor can apply for the grant.
In the case where Frank dies intestate with no spouse, children, parents, or full siblings, but has a half-brother, grandparent, and uncle, who takes priority?
His half-brother, as siblings of the half-blood rank higher than grandparents and uncles in the Rule 22 order.
What must applicants do to justify their eligibility under Rule 22?
Applicants must demonstrate their entitlement in accordance with the order of priority and confirm this in the grant application (using Form PA1A).
If a deceased woman dies intestate, leaving minor children and a brother with fraud convictions, can the children’s father apply to administer the estate?
Yes. The court may pass over the woman’s brother (despite his entitlement under the Intestacy Rules) and appoint the children’s father as administrator if it considers this expedient, especially where suitability is in question (e.g., due to criminal convictions). This discretion arises under the Non-Contentious Probate Rules 1987, r.22.
How can an executor obtain authority to defend a probate action where the validity of a will is in dispute?
The executor may obtain a temporary grant (often called a grant pending suit) to allow them to defend the action. Once the court settles the dispute over the will’s validity, the executor can apply for a full grant of probate.
