A man died intestate last month, survived by his wife and adult son. The man's parents are also still alive.
Which of the following describes who will best be entitled to take a grant of representation, and which type of grant is appropriate?
A man died intestate last month, survived by his wife and adult son. The man's parents are also still alive.
Which of the following describes who will best be entitled to take a grant of representation, and which type of grant is appropriate?
The wife has the best right to take a grant of letters of administration.
(C) When a person passes away without leaving behind a will, it is known as dying intestate. In such cases, the Non-Contentious Probate Rules ('NCPR') require obtaining a grant of letters of administration. Rule 22 of the NCPR specifies that the surviving spouse has the best entitlement to take a grant of letters of administration. Therefore, the wife has the best right to obtain a grant of letters of administration in this case.
(A) is incorrect. A grant of probate is relevant when there is a valid will, but not when there is an intestacy.
(B) is incorrect. According to Rule 22, the grant is primarily entitled to the surviving spouse. The children of the deceased are next in line for entitlement, following the spouse.
(D) is incorrect. A grant of letters of administration with a will annexed does not apply to a full intestacy situation because there is no will.
(E) is incorrect. If a person dies without leaving behind a valid will, the process of probate does not apply. This is known as an intestacy situation.