Last month, a woman passed away. She had a valid will which appointed her friend as the executor. However, her friend had already passed away several years ago. According to the will, the woman's sister is entitled to receive £20,000, while the rest of the estate goes to her husband. The woman left behind her husband, sister, and a 20-year-old daughter. The friend's wife is also alive and all of them are interested in administering the woman's estate.
Who is eligible to administer the woman's estate?
Last month, a woman passed away. She had a valid will which appointed her friend as the executor. However, her friend had already passed away several years ago. According to the will, the woman's sister is entitled to receive £20,000, while the rest of the estate goes to her husband. The woman left behind her husband, sister, and a 20-year-old daughter. The friend's wife is also alive and all of them are interested in administering the woman's estate.
Who is eligible to administer the woman's estate?
The woman's husband has the best entitlement to act as administrator.
(B) The woman who passed away had made a valid will, but she failed to name an executor who can take on the administration of the estate. Thus, her estate will be administered by an administrator (rather than an executor) under a grant of letters of administration with will annexed. Rule 20 of the Non-Contentious Probate Rules ('NCPR') sets out the order of entitlement to a grant of letters of administration with will annexed. According to this rule, the woman's husband, who is the residuary beneficiary of the will, has the best entitlement of the surviving relatives to administer the estate. The friend's wife and daughter have no entitlement to administer the estate as they are not beneficiaries or creditors.
Therefore, options (A), (C), (D), and (E) are incorrect.