A tricky administration oath question

Trusts Discussion
1

Background facts:
D was one of 4 siblings, but not close. He had no children and was not married. He had a partner, P, and they “sort of” lived together.
P pursued a legal claim on behalf of the estate and got some small damages.
P is aware that she’s probably not entitled to that estate. However D’s sister S has said she’s happy for P to have it. S doesn’t really want anything to do with the estate.
D’s brothers B1 and B2 don’t respond to any correspondence.
P would now like to deal with the funds for the estate.
S may well be happy to do a deed of variation or assignment of her interest in the estate.
P would then have an interest in the estate.
Question:
Can P, once she has a beneficial interest in the estate simply apply for a grant of letters of administration as a person beneficially entitled?
I know she’d have to clear off B1 and B2, can she do this by sending them notices? I am not sure we’d get renunciations out of them.
Any help would be greatly appreciated.

Fiona Dodd
Mayo Wynne Baxter

2

I take it that D died intestate. In which case the order of priority for a grant is set out in NCPR 22, which would exclude P from obtaining a grant without having first cleared off the others entitled to share in the estate.

It may be the most straight forward route would be for S to appoint P as her attorney and then enter into the deed of variation.

I appreciate P might be uncomfortable taking the grant if she was not completely satisfied that she would benefit but, should S renege on her “agreement”, P could renounce her attorneyship and return the grant to the Probate Registry.

There is also the risk that B1 or B2 might seek a grant themselves, which I believe would “trump” the grant to P, but they will need to be aware of the intention for P to take a grant as she will need to account to them for their benefit in any event.

Paul Saunders