How to apply for a Grant

Am I entitled to apply for a Grant?

Where the Deceased left a valid Will

The order of priority for a Grant of Probate shall be the person who is;

  1. the Executor(s) of the Will then
  2. any Residuary Beneficiary then
  3. the Personal Representative of any Residuary Beneficiary then
  4. any Beneficiary of a Specific or Pecuniary gift then
  5. any Creditor of the Deceased then
  6. the Personal Representative of a Specific/Pecuniary Beneficiary or Creditor

This is a basic summary of the Non Contentious Probate Rules (Statutory Instrument), which will vary where a Beneficiary holds a gift upon trust for another person. Applications may also be made by the Treasury Solicitor where Bona Vacantia is claimed.

Where the Deceased did not leave a valid Will (died Intestate)

The order of priority for a Grant of Administration shall be the person who is

  1. the surviving husband or wife then
  2. the children of the Deceased (and their children if they have predeceased) then
  3. the father and mother of the Deceased then
  4. brothers and sisters of the whole blood (and their children if they have predeceased) then
  5. brothers and sisters of the half blood (and their children if they have predeceased) then
  6. grandparents then
  7. uncles and aunts of the whole blood (and their children if they have predeceased) then
  8. uncles and aunts of the half blood (and their children if they have predeceased) then
  9. the Treasury Solicitor when claiming Bona Vacantia then
  10. any creditor of the Deceased

This is a basic summary of the Non Contentious Probate Rules (Statutory Instrument), which will vary where a Beneficiary holds a gift upon trust for another person. Applications may also be made by the Personal Representatives of pre-deceased entitled person(s).

Preferred Professionals

If you are in any doubt about what is required of you in administering a deceased estate, we have a list of preferred Professionals which we would suggest you consult... Read more »