The relevant provisions of the Non-Contentious Probate Rules-FS Flashcards
(10 cards)
What do the Non-Contentious Probate Rules govern, and what is the purpose of Rule 20 specifically?
The Non-Contentious Probate Rules govern probate applications that are uncontested. Rule 20 sets out the order of priority for who may apply for a grant of representation when the deceased left a valid will, but no executor is able or willing to act.
What must an applicant do under Rule 20 when someone of a higher rank is not applying for a grant of representation?
The applicant must complete Form PA1P, explaining (1) why there is no applicant from a higher-ranked category (this is known as “clearing off”), and (2) their own right to apply for the grant.
Who ranks first in the order of priority under Rule 20 for applying for a grant of representation?
The executor named in the will ranks first. If this person is unwilling, unable, or has predeceased the testator, the next person in the order may apply after clearing off the executor.
Who ranks second under Rule 20 when applying for a grant in a testate estate?
A residuary legatee or devisee holding on trust for another person ranks second in priority.
Who holds third priority under Rule 20 when no executor is able or willing to act?
A residuary legatee or devisee in their own right, including one with a life interest, ranks third.
What is the fourth and fifth level of priority under Rule 20 of the NCPR?
- Fourth: The personal representative of a residuary legatee or devisee.
- Fifth: Any other legatee or devisee, or a creditor of the deceased.
Who ranks sixth in the order of priority under Rule 20?
The personal representative of any other legatee or devisee, or of any creditor. However, this excludes those who only held a life interest or a trust interest.
If multiple people have equal ranking under Rule 20, how does the court decide who may apply for the grant?
The court prefers the application of the person with a vested interest over someone with a contingent interest.
What happens if a person named as executor in the will renounces their appointment under Rule 20 of the Non-Contentious Probate Rules?
If the named executor renounces their appointment, the next person in the priority hierarchy under Rule 20 may apply for the grant, but must first clear off the renounced executor by formally explaining their non-participation in the application.
Under Rule 20, can a residuary legatee holding on trust apply for a grant before a legatee of a specific gift?
Yes. A residuary legatee holding on trust for another person ranks higher in priority than a legatee of a specific gift and is therefore entitled to apply for the grant before the specific legatee.
