Acting as Administrator for a deceased under the age of 18

Trusts Discussion
1

Hi,

The deceased in this example passed under the age of 18, survived by both parents. One of whom is currently in prison, and we are unsure of the whereabouts.

Would the parent not in prison be able to act as administrator in this instance without the co-parent who is in prison and would the prisoner need to formally renounce as they are PR.

Finally, would a 2nd administrator be required?

Thanks in advance,

2

I don’t see any need for a second administrator, nor do I think the age of the deceased is relevant.

The two parents will be eligible to apply for letters of administration under r.22.

Under r.27(4): “(4) A grant of administration may be made to any person entitled thereto without notice to other persons entitled in the same degree”