Intestacy and Minor Child

Who is entitled to apply for the Grant of Letters of Administration in the situation below?

Deceased died without a Will. He was divorced and had a minor child by his ex wife. Both his parents had predeceased and he had two adult siblings.

Two Administrators are required because there is a minority interest.

Are the persons entitled to apply for the Grant the surviving parent with parental responsibility for the minor and at least one of the siblings? Or do the two siblings have priority because the mother is representing a minor?

At the back of my mind, I seem to remember that for some reason, the siblings trump the mother’s right to represent a minor. Am I right? What is the authority?

Hazel Jones

The child’s mother will have the right to apply for the grant and the right to appoint a second administrator to act with her. The siblings have no say in the matter. Are you perhaps thinking of the scenario where there is an adult child and a minor child ? I believe in that case the adult child is preferred.

Mrs J E Bennell


Yes. I realise I was thinking of a case I dealt with some years ago where there was both an adult child and a minor child by the deceased man. The children were by different mothers, who did not get on.

Hazel Jones
Pictons Solicitors LLP

Yes I agree with Mrs Bennell, I had this scenario once and double checked with the Probate Registry that I was correct before applying.
Rachael Waring