Intestacy x 2 and Grant of Letters of Administration

Trusts Discussion
1

I have an estate where a personal representative took out a Grant of Letters of Administration for an Intestate’s Estate. The PR has died before the estate has even started off, intestate. The intestate PR’s children do not want to take out the Grant as there is no estate to speak of. I am not even sure about the Chain of Representation because it is a second Intestacy. Who takes out the Grant please?

Thanks Lisa Nurse

2

There is no chain of representation as they were intestacies. The next in line will have to take out new letters of administration.

3

Hi Andrew

Sorry but who do you mean as in next in line? The next in line for the first deceased as in beneficiary of the first estate?
Thanks

Kind Regards

Lisa

4

Dear Lisa,

The chain of representation only applies if there is an appointment of an executor and that executor obtains a Grant of Probate.

There cannot be a chain of representation if there is an intestacy.

Your first deceased has died intestate and a Grant of Letters of Administration was issued. As the administrator has died and the administration of the estate of your first deceased remains incomplete then you would need to refer to rule 22 of NCPR 1987 (as it applies to your first deceased) to identity who is next entitled to administer the estate.

I hope that helps

1 Like
5

Thanks for your responses

Kind Regards

Lisa