What happens when there is no will?
If the Deceased died with no will, the persons estate will be subject to the Intestacy Rules. A summary of the intestacy rules is set out below.
As no will exists the person administering the estate is known as the Administrator, while the legal document issued by the probate registry is the Grant of letters of administration.
Who applies for a grant? Am I entitled to a grant?
The person who applies for a grant will be the named Executor in the will. If the Executor has died and there is no substitute Executor named a beneficiary under the will can apply.
If no will exists then the Intestacy Rules set out an Order of entitlement as to who can apply to administer the Estate, typically this will be in the following Order;
- Husband or Wife;
- Sons or Daughters; *
- Brothers or Sisters; *
- More distant relatives.
(* Or if any have died in the lifetime of the deceased then their sons or daughters may apply)
A grant cannot be issued to any person under the age of 18. In cases involving a Minor at least two administrators will be required.