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Priority for administration - intestacy

9 replies

SecondhandTable · 14/12/2020 14:33

Hello, wondering if anyone works in the sector or has lived experience could answer a quick question for me. I know if someone dies intestate, someone needs to apply to become the administrator of the estate, and there is a priority list of relatives to determine who could apply to do that, and the administrator has to be a beneficiary of the estate. What happens where someone dies intestate, and the only beneficiary of the estate would is a minor? Would their parent/guardian be the priority for applying to be the administrator, or would it be the deceased's parent? I can't find an answer to this online.

OP posts:
prh47bridge · 14/12/2020 22:46

the administrator has to be a beneficiary of the estate

No, the administrator does not have to be a beneficiary.

If there is a will but no executor is named or none of the executors is willing to act a beneficiary can take on the role. However, if there is no will, the administrator does not have to be a beneficiary. Your question is therefore based on a misunderstanding.

SecondhandTable · 14/12/2020 22:58

Ah, thanks for correcting me. I thought I read that on a website but perhaps I misunderstood.

So does that mean the deceased's parent would have priority as administrator if the deceased died intestate with no surviving spouse, and the surviving child is a minor?

I'm not actually talking about a situation occuring irl for me now just to clarify. It's just hypothetical.

OP posts:
AcornAutumn · 15/12/2020 10:32

Does anyone have a priority as administrator?

It’s not like people would want the task!

prh47bridge · 15/12/2020 11:20

The full order of priority is set out at www.gov.uk/applying-for-probate/who-can-apply. If there are no descendants, the deceased's parents are next in line.

MeadowHay · 15/12/2020 12:12

Yes, but there is a descendant in my question, it's just that the descendant is a minor. So would priority go to the descendant's parent on their behalf, or skip them entirely and go to the deceased's parent?

SecondhandTable · 15/12/2020 12:14

Ah sorry, MeadowHay is also me, the OP, sorry for any confusion. Accidentally using two usernames at once.

OP posts:
TooTrueToBeGood · 15/12/2020 12:17

You might want to clarify the legal jurisdiction. Inheritance and intestacy laws are not uniform across the UK.

Aprilx · 15/12/2020 14:02

@MeadowHay

Yes, but there is a descendant in my question, it's just that the descendant is a minor. So would priority go to the descendant's parent on their behalf, or skip them entirely and go to the deceased's parent?
The full list was set out in the post above. If the child’s other (still living) parent was not a spouse of the deceased at the time of their death then they are not on the list. Accordingly it would be the deceased parents who would be the next applicants, should they wish to do so.
SecondhandTable · 15/12/2020 15:43

Ah sorry, yes I should have said - England & Wales.

Ok, so if the descendant is a minor, they just kept skipped over then, and nobody else can sort of act on their behalf as an administrator.

Thanks Smile

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