Who can apply for Letters of Administration?
One important step in the estate administration process is applying for Letters of Administration, also known as Grants of Letters of Administration.
What is Letters of Administration?
Letters of Administration is a legal document issued by the Probate Registry. It gives the Personal Representative the authority to manage and distribute a deceased person's estate when there is no valid Will.
This Grant is required when the deceased has not left a Will, or if the Will is deemed invalid and there is no named Executor to manage the estate. It allows the Administrator to gather the deceased's assets, pay off debts, and distribute the remaining estate according to the rules of intestacy - a legal framework that determines who inherits when no Will is present.
Receiving the Letters of Administration is often a crucial step in starting the estate administration process. Without it, the Administrator may not have the legal authority to handle the deceased's affairs, which can cause delays. However, depending on the estate's value and who is set to inherit, this Grant is not always necessary.
What is the difference between a Grant of Probate and Letters of Administration?
The main difference between a Grant of Probate and Letters of Administration is whether the deceased left a valid Will.
- A Grant of Probate is issued when the deceased has a valid Will.
- A Letters of Administration is needed when the deceased did not leave a valid Will.
In rare cases, if there is a valid Will but no named Executor (or if the Executor is unable or unwilling to act), Letters of Administration with 'Will annexed' may be issued. However, this is uncommon as most professional Will Writers ensure Executors are named, and DIY Will templates typically include this as well.
The term 'Grant of Representation' is sometimes used to describe both a Grant of Probate and a Grant of Letters of Administration.
Who can apply for Letters of Administration?
If there is no valid Will, only certain individuals are eligible to apply for Letters of Administration. The person must be the deceased's next of kin, following a strict order of priority set by the rules of intestacy.
The order of priority is as follows:
- The deceased's spouse or civil partner;
- A child of the deceased, including adopted children, but not stepchildren;
- A parent of the deceased;
- A brother or sister of the deceased;
- A grandparent of the deceased;
- An uncle or aunt of the deceased.
It's important to note that a separated spouse or civil partner may still apply if they were legally married or in a civil partnership at the time of death. However, unmarried partners and close friends do not have the right to apply, highlighting the importance of having a valid Will to ensure your wishes are followed.
If you're uncertain about eligibility, seeking advice from a legal professional or probate provider such as Kings Court Trust is recommended.
Can the decision about who receives Letters of Administration be challenged?
Yes, the decision can be contested if someone believes they have a stronger entitlement to manage the estate. Disputes can also arise if concerns are raised about the appointed Administrator’s ability to manage the estate fairly.
To contest the decision, an individual must file a caveat with the Probate Registry. This will temporarily stop the Grant from being issued until the dispute is resolved. In some cases, disputes may be settled through mediation. If not, the matter may proceed to the Court, where a Judge will determine the most suitable person to administer the estate.
Contesting a Grant can be complex and emotional, so seeking legal advice is strongly recommended if you find yourself in this situation.
