Probate

WHO CAN APPLY FOR PROBATE

The only people legally entitled to deal with someone’s affairs (administer their estate) after a death has occurred are known as
either: -

  • The Executor(s) named in a valid will.
    They must proceed according to the terms of that will.

(Beneficiaries named in a will are not entitled to administer an estate unless the executors have passed away or renounce their executorship).

Or

  • The legal next of kin if there is no will.
    The entitled next of kin are also the beneficiaries of an estate.

Next of kin are entitled in the following order: -

  • Surviving spouse.
  • Issue i.e. children or their descendants.
  • Parent(s).
  • Brother(s) or sister(s) of the whole blood or their descendants.
  • Brother(s) or sister(s) of the half blood or their descendants.
  • Grandparents.
  • Paternal and maternal uncle(s) and aunt(s) of the whole blood or their descendants.
  • Paternal and maternal uncle(s) and aunt(s) of the half blood or their descendants.
  • The Crown.

A surviving member of any of the above classes excludes all members in the classes lower in the table.

They must proceed according to the Rules of Intestacy.