What if there’s no will?
If an individual dies without having a will in place, the intestacy rules dictate who can manage the estate and apply for probate. Under the intestacy rules, only your spouse, civil partner and a few other relatives can apply for the grant of letters of administration and handle your estate. The grant of letters of administration is an official court document that proves you have the authority to deal with someone’s estate.
The person who can apply for the grant of letters administration when there’s no will follows in order of priority of:
- The surviving husband or spouse
- The children of the deceased
- The father and mother of the deceased
- Brothers and sisters of the deceased
- Whole blooded uncles and aunts
- Half blooded uncles and aunts
Following the priority order above, if the deceased had a surviving spouse, that surviving spouse would be the one to apply for the grant of administration. However, in a circumstance where the deceased didn’t have a surviving spouse but had one child (over the age of 18), the child can apply for the grant of administration.