Probate for Nil estate

Dear All

Kindly clarify whether a probate is required for a nil estate where the deceased passed away and now clinical negligence claim has begun.

The NHS are asking for probate, however the deceased had no will and has a nil estate and I presume that Intestacy would allow the wife of the deceased to bring claim.

Kindly provide me with your thoughts on whether the NHS have grounds to ask for probate.

PS: Not an death under fatal accidents act.


If the widow is bringing a claim in the capacity as administrator of the estate then she will need a grant of letters of administration. It would also be wrong to say that it is a nil estate as the claim is an asset of the estate.

If she is bringing a claim in her own capacity, she won’t need a grant.