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Free Form PA1A Letters of Administration (Intestacy) Template

Form PA1A is the United Kingdom application for Letters of Administration filed at the Probate Registry of HM Courts and Tribunals Service where the deceased left no valid will (intestacy). Approximately 30% of estates in England and Wales are administered under the intestacy rules in section 46 of the Administration of Estates Act 1925. The application fee is £300 for estates over £5,000 (same as PA1P). Our free United Kingdom template builds a structured PA1A — deceased identification with domicile and marital status, confirmation of intestacy, applicant administrator with statutory priority tier, statutory beneficiary tree (spouse / CP / issue / parents / siblings), estate valuation, probate fee, and four Expert clauses on the AEA 1925 s.46 10-tier statutory order with £322,000 spousal legacy, the NCP Rules 1987 r.22 administrator priority order, the Intestates' Estates Act 1952 matrimonial home election, and the AEA 1925 s.46(1)(vi) Bona Vacantia Crown claim.

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Form PA1A — Application for Letters of Administration
Probate Registry Of HM Courts And Tribunals Service  ·  Estate Of Thomas Edward Brennan (Intestate)  ·  23 June 2026
TO: The Probate Registry of HM Courts and Tribunals Service

BY: Caroline Mary Brennan — applying as surviving spouse or civil partner of the deceased, being the sole administrator of the estate of the estate.

RE: Application for a Grant of Letters of Administration in the estate of Thomas Edward Brennan, deceased (intestate).

Filed under the Non-Contentious Probate Rules 1987 (SI 1987/2024), the Administration of Estates Act 1925 and the Intestates' Estates Act 1952. The deceased was domiciled in England and Wales — the Probate Registry of HM Courts and Tribunals Service has jurisdiction. The deceased left no will of any kind — the estate is wholly intestate.
1. DECEASED IDENTIFICATION
FULL NAMEThomas Edward Brennan
DATE OF BIRTH4 March 1962
DATE OF DEATH12 May 2026
LAST ADDRESS23 Linden Walk, Mosborough, Sheffield S20 5LU
DOMICILEEngland and Wales
MARITAL STATUS AT DEATHMarried or in a civil partnership at the date of death
2. APPLICANT ADMINISTRATOR
FULL NAMECaroline Mary Brennan
ADDRESS23 Linden Walk, Mosborough, Sheffield S20 5LU
RELATIONSHIP TO DECEASEDSurviving spouse or civil partner of the deceased
ROLEthe sole administrator of the estate
EMAILcaroline.brennan@sky.com
TELEPHONE0114 248 7732
3. STATUTORY BENEFICIARY TREE
SURVIVING SPOUSE / CIVIL PARTNERYes — Caroline Mary Brennan (married 14 June 1989; aged 62 at the application date)
SURVIVING CHILDREN (ISSUE)3
CHILDREN NAMESDaniel Edward Brennan (b. 8 February 1991, aged 35) — Sheffield
Louise Catherine Brennan (b. 22 November 1993, aged 32) — Manchester
Joseph Patrick Brennan (b. 17 April 1997, aged 29) — London
SURVIVING PARENTSNeither parent of the deceased survives
SURVIVING SIBLINGS2
SIBLINGS NAMESHelen Margaret Cresswell (sister, b. 1965) — Doncaster
Michael James Brennan (brother, b. 1968) — Sheffield
4. ESTATE VALUATION SUMMARY
GROSS ESTATE VALUE (GBP)GBP 687,500
NET ESTATE VALUE (AFTER DEBTS)GBP 648,200
IHT CATEGORYExcepted estate (no IHT400)
5. APPLICATION FEE AND SEALED COPIES.

Application fee: GBP 300 application fee — the gross estate is over GBP 5,000 (HMCTS 2026/27 flat rate).

Additional sealed office copies required: 8 copies at GBP 1.50 each (HMCTS 2026/27 published rate).
6. INTESTACY STATUTORY ORDER — ADMINISTRATION OF ESTATES ACT 1925 s.46. Section 46 of the Administration of Estates Act 1925 (as amended by the Inheritance and Trustees' Powers Act 2014) sets out the statutory order of distribution on intestacy. The current statutory legacy payable to a surviving spouse or civil partner where the deceased also leaves issue is GBP 322,000 (under the Administration of Estates Act 1925 (Fixed Net Sum) Order 2020, as further uprated 26 July 2023; remains current for 2026/27). The order applies in a strict 10-tier waterfall — each tier excludes the lower tiers:

Tier 1 — surviving spouse / CP, no issue: spouse takes all (AEA s.46(1)(i)).
Tier 2 — surviving spouse / CP + issue: spouse takes personal chattels + GBP 322,000 statutory legacy + ½ residue absolute; issue take ½ residue on the statutory trust (AEA s.46(1)(i) + s.47).
Tier 3 — issue only (no spouse / CP): issue take everything on the statutory trust per stirpes (s.46(1)(ii) + s.47).
Tier 4 — parents only: equal shares (s.46(1)(iii)).
Tier 5 — whole-blood siblings (or their issue): statutory trust (s.46(1)(iv) + s.47).
Tier 6 — half-blood siblings (or their issue): statutory trust (s.46(1)(v) + s.47).
Tier 7 — grandparents: equal shares (s.46(1)(va)).
Tier 8 — whole-blood uncles and aunts (or their issue): statutory trust (s.46(1)(vb) + s.47).
Tier 9 — half-blood uncles and aunts (or their issue): statutory trust (s.46(1)(vc) + s.47).
Tier 10 — Bona Vacantia: Crown / Duchy of Lancaster / Duke of Cornwall (s.46(1)(vi)).

Applicable tier on this estate: Tier 2 — surviving spouse / civil partner takes the personal chattels + the statutory legacy of GBP 322,000 + ½ of the residue absolutely; the issue of the deceased take the other ½ of the residue on the statutory trust under AEA 1925 s.46(1)(i) + s.47 (per stirpes representation).

Statutory distribution narrative:
The deceased Thomas Edward Brennan died intestate on 12 May 2026, survived by his wife Caroline Mary Brennan (the applicant) and their three adult children (Daniel, Louise and Joseph). The statutory order operates in favour of Caroline at Tier 2 of AEA 1925 s.46 — spouse / CP with issue. The distribution mechanics are therefore as follows. (a) Personal chattels — pass to Caroline absolutely (vehicles, household contents, jewellery, books, all personal effects). (b) Statutory legacy of GBP 322,000 — payable to Caroline in cash from the residue. (c) Residue (GBP 648,200 net less personal chattels approximately GBP 30,000 = approximately GBP 618,200 less GBP 322,000 statutory legacy = approximately GBP 296,200 dividing residue) — ½ to Caroline absolutely (GBP 148,100); ½ on the AEA 1925 s.47 statutory trust for the three children in equal shares (GBP 148,100 / 3 = approximately GBP 49,367 per child). The children are all adults so the statutory trust contingency (age 18 / marriage / CP) is satisfied immediately. No representation issues arise — no predeceased child. The applicant's conduct and behaviour as administrator will at all times be in favour of the beneficial entitlements set out above; no provision is made beyond the statutory waterfall.
7. NCP RULES 1987 r.22 ADMINISTRATOR PRIORITY ORDER. Rule 22 of the Non-Contentious Probate Rules 1987 sets out the order of priority for applying for a Grant of Letters of Administration on intestacy — mirroring the AEA 1925 s.46 order of beneficial entitlement. A person entitled in priority must be "cleared off" before a grant can be made to a person in a lower tier — typically by death (with proof), renunciation under r.43, or pass-over by the court under Senior Courts Act 1981 s.116 (where special circumstances make it necessary or expedient).

Clearing-off required? NO — the applicant is in the highest applicable tier with beneficial entitlement; no clearing-off is required.

Senior Courts Act 1981 s.116 pass-over applied? NO — no pass-over application is needed on the facts.

Where two or more persons are equally entitled (e.g. several children of the deceased), any one of them can take out the grant solely or all (up to four) can apply jointly. Renunciation by one does not affect the rights of the others. The Probate Registry will not normally inquire as to the wishes of equally-entitled persons not joining in the application (unless a caveat is lodged or a notice issued under NCP Rules r.27(6)).
8. STATUTORY LEGACY GBP 322,000 + SPOUSAL HOME ELECTION — INTESTATES' ESTATES ACT 1952. Where the deceased dies intestate leaving a surviving spouse / civil partner and issue, AEA 1925 s.46(1)(i) gives the spouse / CP: (a) the deceased's personal chattels; (b) the statutory legacy of GBP 322,000 (current 2026/27 figure under the Administration of Estates Act 1925 (Fixed Net Sum) Order 2020, last uprated 26 July 2023); (c) ½ of the residue absolutely; and the issue take the other ½ on the statutory trust under s.47.

The surviving spouse / civil partner has an additional right under Intestates' Estates Act 1952 s.5 + Schedule 2 to elect to take the matrimonial home in or towards satisfaction of the spouse's absolute interest in the residue. The election must be made within 12 months from the date of the grant (extendable by application to the court in special circumstances). Where the matrimonial home is worth more than the spouse's absolute interest, the spouse can pay the difference to the personal representatives (a "buy-out" of the issue's share). The leading authority is Re Collins (Deceased) [1990] 1 FLR 235.

Matrimonial home election: YES — the surviving spouse / civil partner intends to exercise the statutory election under Intestates' Estates Act 1952 s.5 + Schedule 2 to take the matrimonial home in or towards satisfaction of the spouse's absolute interest in the residue; the election must be made within 12 months of the grant.
Matrimonial home value: GBP 485,000.
Statutory legacy satisfaction: YES (home election) — the surviving spouse / civil partner has elected under Intestates' Estates Act 1952 s.5 + Sch 2 to take the matrimonial home in or towards satisfaction of the statutory legacy; the home value satisfies (in whole or in part) the GBP 322,000 statutory legacy.

Statutory legacy + home election narrative:
Caroline elects under Intestates' Estates Act 1952 s.5 + Schedule 2 to take the matrimonial home at 23 Linden Walk, Mosborough, Sheffield S20 5LU (valued at GBP 485,000 net of mortgage) in or towards satisfaction of her absolute interest in the residue. The election is favoured by all three adult children, who have been consulted as a matter of family courtesy and do not object to their mother retaining the home. The election is made within 12 months of the anticipated grant date. The mechanics: (a) Caroline's total absolute interest = statutory legacy GBP 322,000 + ½ residue absolute GBP 148,100 = GBP 470,100. (b) Matrimonial home value GBP 485,000 exceeds her absolute interest by GBP 14,900. (c) Caroline will pay GBP 14,900 to the personal representatives (herself in her capacity as administrator) as a "buy-out" of the issue's share of the home value; the GBP 14,900 then forms part of the s.47 statutory trust for the three children. (d) Caroline takes the matrimonial home in her name; the cash element of the issue's share (approximately GBP 148,100 + GBP 14,900 = approximately GBP 163,000 across the three children, less any further deductions) is distributed equally between the three children. The election application will be lodged with the Probate Registry within 12 months of the grant under Re Collins (Deceased) [1990] 1 FLR 235.
10. STATEMENT OF TRUTH. The applicant, Caroline Mary Brennan, believes that the facts stated in this Form PA1A, in the Inheritance Tax figures, and in any supporting documents are true to the best of the applicant's knowledge and belief. The applicant understands that proceedings for contempt of court or for an offence under section 5 of the Perjury Act 1911 may be brought against any person who makes, or causes to be made, a false statement in a document verified by a statement of truth. The applicant undertakes to collect in the assets of the deceased, to pay the debts and any Inheritance Tax due, and to distribute the residue in accordance with the intestacy rules under Administration of Estates Act 1925 s.46, faithfully and lawfully.

The applicant confirms this statement of truth and signs below.
APPLICANT ADMINISTRATOR
Caroline Mary Brennan
Applicant Administrator — 23 June 2026
Date: ____________________

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What Is Form PA1A?

Form PA1A is the United Kingdom application for Letters of Administration filed at the Probate Registry of HM Courts and Tribunals Service where the deceased left no valid will (intestacy). It is used by the next-of-kin entitled in priority under Non-Contentious Probate Rules 1987 r.22 to apply for the Grant of Letters of Administration — the court order authorising the named administrator to administer the deceased's estate (collect in assets, pay debts and IHT, distribute the residue in accordance with the intestacy rules). Where the deceased left a valid will, Form PA1P (Probate with Will) is used instead. Approximately 30% of estates in England and Wales are administered under intestacy.

The intestacy rules are set out in section 46 of the Administration of Estates Act 1925 (as amended by the Inheritance and Trustees' Powers Act 2014). The statute operates as a strict 10-tier waterfall: surviving spouse / CP only (Tier 1 — takes everything); spouse / CP + issue (Tier 2 — spouse takes chattels + £322,000 statutory legacy + ½ residue absolute, issue take ½ residue on statutory trust); issue only (Tier 3 — statutory trust per stirpes); parents (Tier 4); whole-blood siblings (Tier 5); half-blood siblings (Tier 6); grandparents (Tier 7); whole-blood uncles/aunts (Tier 8); half-blood uncles/aunts (Tier 9); Bona Vacantia — Crown / Duchy of Lancaster / Duke of Cornwall (Tier 10).

The statutory legacy of £322,000 has been in force since 26 July 2023 (under the Administration of Estates Act 1925 (Fixed Net Sum) Order 2020 framework, last uprated to £322,000) and remains the current 2026/27 figure. The Lord Chancellor reviews the figure every five years anchored to CPI movement. Where the deceased dies intestate leaving a surviving spouse / civil partner and issue, the spouse / CP takes the personal chattels + the £322,000 statutory legacy + ½ of the residue absolutely; the issue take the other ½ of the residue on the statutory trust under AEA 1925 s.47 (contingent on age 18 or marriage / CP; per stirpes representation for predeceased issue).

What's Covered in This Template

Our United Kingdom Form PA1A template builds a structured Letters of Administration application — deceased identification with marital status, intestacy confirmation, applicant administrator with statutory priority tier, beneficiary tree, estate valuation, probate fee, and four Expert clauses on the s.46 statutory order, r.22 administrator priority, the matrimonial home election and the Bona Vacantia Crown claim.

PA1A vs PA1P Disambiguation

PA1A is for estates where the deceased left no valid will and the next-of-kin is applying for Letters of Administration (intestacy). PA1P is for estates where the deceased left a valid will and the named executor is applying for a Grant of Probate. Doxuno has separate templates for each; pick PA1A where there is no will.

Marital Status Disambiguation

Five marital status options — married / CP, widowed, divorced, single, separated-but-not-divorced. Divorce extinguishes a former spouse's intestacy entitlement under AEA 1925 s.46; separation alone does NOT — only the Final Order / decree absolute removes the surviving spouse's right to the £322,000 statutory legacy.

Three Intestacy Routes

Three intestacy confirmation routes — no will found at all; will held invalid (Wills Act 1837 s.9 formal defect, lack of testamentary capacity, undue influence, revocation by marriage / CP under s.18A); or partial intestacy (will only covers some assets, residue passes under s.46). The template adjusts the application narrative to the route.

Statutory Priority Tier Selector

Ten applicant relationship options aligned to AEA 1925 s.46 + NCP Rules r.22 — spouse / CP, child, grandchild (representation), parent, whole-blood sibling, half-blood sibling, grandparent, whole-blood uncle / aunt, half-blood uncle / aunt, or cousin / more distant relative. The selection drives the statutory tier and any clearing-off requirement.

Statutory Beneficiary Tree Capture

Captures each generation of potential statutory beneficiaries — surviving spouse / CP with date of marriage, surviving children (issue) with names and DOB, surviving parents (both / one / none), surviving siblings (whole and half-blood). The Probate Registry uses the tree to confirm the statutory share allocation.

AEA 1925 s.46 10-Tier Statutory Order (Expert)

Expert clause structures the 10-tier waterfall — Tier 1 (spouse only takes all), Tier 2 (spouse + issue with £322,000 statutory legacy + ½/½ residue split), Tier 3 (issue only on statutory trust per stirpes), Tier 4 (parents), Tier 5-6 (siblings whole / half), Tier 7 (grandparents), Tier 8-9 (uncles / aunts whole / half), Tier 10 (Bona Vacantia Crown / Duchy).

£322,000 Statutory Legacy + AEA 1925 (Fixed Net Sum) Order 2020 (Expert)

Expert clause cites the current statutory legacy of £322,000 (in force since 26 July 2023) under the AEA 1925 (Fixed Net Sum) Order 2020 framework. The 2014 Inheritance and Trustees' Powers Act amendments removed the previous life interest in residue; the surviving spouse now takes the spousal share absolutely.

AEA 1925 s.47 Statutory Trust + Per Stirpes (Expert)

Expert clause structures the statutory trust under s.47 — issue / siblings / uncles and aunts take contingent interests until age 18 or marriage / CP; predeceased beneficiaries' shares pass to their own issue per stirpes (representation). Critical for estates with minor beneficiaries or where the named child has predeceased.

NCP Rules 1987 r.22 Administrator Priority (Expert)

Expert clause structures the r.22 priority order (mirroring s.46) — clearing-off higher-tier persons required, methods of clearing-off (death with proof, renunciation under r.43, pass-over under Senior Courts Act 1981 s.116). The Probate Registry will not normally inquire as to equally-entitled persons not joining the application.

Intestates' Estates Act 1952 Matrimonial Home Election (Expert)

Expert clause structures the s.5 + Schedule 2 election — the surviving spouse can elect to take the matrimonial home in or towards satisfaction of the absolute interest. Must be made within 12 months of grant. Where the home exceeds the absolute interest, the spouse can pay the difference ("buy-out"). Leading authority Re Collins (Deceased) [1990] 1 FLR 235.

AEA 1925 s.46(1)(vi) Bona Vacantia Crown Claim (Expert)

Expert clause structures the residual Bona Vacantia route — Crown (Government Legal Department) for most of England and Wales; Duchy of Lancaster for Lancashire and parts of NW England; Duke of Cornwall for Cornwall and the Isles of Scilly. Standard genealogy enquiries (Title Research / Anglia Research / Fraser & Fraser) and Trustee Act 1925 s.27 notices normally required.

Single Signer — Applicant Administrator, Statement of Truth

Form PA1A is signed by the applicant administrator under the statement of truth. The administrator undertakes to collect in the assets, pay the debts and any Inheritance Tax due, and distribute the residue in accordance with the intestacy rules under AEA 1925 s.46, faithfully and lawfully.

How to Complete Form PA1A

Follow these steps to produce a well-structured United Kingdom Form PA1A application for Letters of Administration at the Probate Registry of HMCTS where the deceased left no valid will.

  1. 1

    Confirm PA1A is the right form (vs PA1P)

    PA1A is for intestate estates (no valid will). PA1P is for testate estates (valid will). Where the will is partial (only some assets covered), a partial intestacy arises — PA1A may be filed for the intestate portion.

  2. 2

    Confirm the intestacy

    Three intestacy routes: no will found at all (most common); will held invalid (Wills Act formal defect, capacity, revocation by marriage / CP under s.18A); or partial intestacy (will only covers some assets, residue passes under s.46). Take professional advice if the validity is unclear.

  3. 3

    Identify the deceased and confirm marital status

    Full name, date of birth, date of death, last address, domicile and marital status. Marital status is critical — divorce extinguishes a former spouse's intestacy entitlement; separation alone does NOT. The Probate Registry will require evidence of marriage / CP / divorce / death to confirm the statutory beneficiary tree.

  4. 4

    Capture the statutory beneficiary tree

    Surviving spouse / CP with date of marriage; surviving children (issue) with names and DOB; surviving parents (both / one / none); surviving siblings (whole-blood and half-blood are distinct). The tree determines which s.46 tier applies.

  5. 5

    Identify the applicant administrator and priority tier

    The applicant must be in the highest applicable AEA 1925 s.46 tier with beneficial entitlement (mirrored in NCP Rules r.22). Spouse / CP first, then issue, then parents, then siblings, then grandparents, then uncles / aunts, then Bona Vacantia. The applicant's relationship drives the priority and any clearing-off requirement.

  6. 6

    Value the gross and net estate

    Gross estate = all assets before debts. Net estate = gross minus debts and funeral costs. Asset valuations should be at the date of death (probate value). For intestate estates, the IHT category (excepted vs IHT400) depends on the same Excepted Estates Regulations as PA1P.

  7. 7

    Calculate the probate fee

    GBP 300 for estates over GBP 5,000 (HMCTS 2026/27 flat rate); no fee for estates of GBP 5,000 or less. Form EX160 (Help with Fees) available for hardship cases.

  8. 8

    Add the statutory order analysis (Expert)

    Expert clause structures the AEA 1925 s.46 waterfall and identifies the applicable tier. For Tier 2 (spouse + issue), the GBP 322,000 statutory legacy and the ½ residue division apply; the issue's share is on the AEA s.47 statutory trust.

  9. 9

    Add the administrator priority analysis (Expert)

    Expert clause structures the NCP Rules r.22 priority. Where the applicant is not in the highest tier, clearing-off of higher-tier persons is required (death with proof, renunciation under r.43, pass-over under Senior Courts Act 1981 s.116). The Probate Registry will not normally inquire as to equally-entitled persons not joining.

  10. 10

    Add the matrimonial home election (Expert) if relevant

    Where a surviving spouse / CP exists and the estate includes a matrimonial home, the Intestates' Estates Act 1952 s.5 + Schedule 2 election applies. The spouse can elect to take the home in or towards the absolute interest; must be made within 12 months of grant. Where the home exceeds the absolute interest, "buy-out" of the issue's share is possible (Re Collins [1990] 1 FLR 235).

  11. 11

    Add the Bona Vacantia analysis (Expert) if relevant

    Where no Tier 1-9 statutory beneficiary survives, the estate passes to the Crown / Duchy of Lancaster / Duke of Cornwall under AEA 1925 s.46(1)(vi). Standard genealogy / heir-hunter enquiries (Title Research / Anglia Research / Fraser & Fraser) and Trustee Act 1925 s.27 notices are normally required before Bona Vacantia is accepted.

  12. 12

    Sign the statement of truth and file

    The applicant administrator signs under the statement of truth. File via the GOV.UK probate service (preferred) or by post to the Probate Registry. Processing typically takes 16 weeks for digital applications; grant + sealed copies issued by post.

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Legal Considerations — Form PA1A Letters of Administration

Intestacy applications in England and Wales are governed by the Non-Contentious Probate Rules 1987, the Administration of Estates Act 1925 (as amended by the Inheritance and Trustees' Powers Act 2014), the Intestates' Estates Act 1952, the Senior Courts Act 1981, and the Inheritance Tax Act 1984. Scotland has separate procedures (Confirmation under the Confirmation of Executors (Scotland) Act 1858); Northern Ireland has Letters of Administration at the RCJ Belfast under the Administration of Estates Act (Northern Ireland) 1955.

This template is for general information and does not constitute legal advice. Intestate estates involve substantive law on family entitlements, capacity, marital status, statutory trusts, IHT and (where applicable) Bona Vacantia procedures — a solicitor specialising in private client, probate or estate administration is recommended for any contested matter, any estate over the IHT threshold, or any estate involving minor beneficiaries (where two administrators are normally required). Age UK, Citizens Advice, the Probate Helpline (0300 303 0648) and STEP provide guidance.

Reviewed for the United Kingdom (England and Wales)

AEA 1925 s.46 — The Intestacy Waterfall

Section 46 of the Administration of Estates Act 1925 (as amended by the Inheritance and Trustees' Powers Act 2014) sets out the statutory order of distribution on intestacy in a strict 10-tier waterfall. Each tier excludes the lower tiers. The current statutory legacy payable to a surviving spouse / civil partner where the deceased also leaves issue is £322,000 (post-26 July 2023 figure under the Administration of Estates Act 1925 (Fixed Net Sum) Order 2020). The 2014 Act removed the previous life interest in residue — the surviving spouse now takes the spousal share absolutely. Adopted, illegitimate and step-grandchildren via adoption are treated as biological children; step-children (without adoption) are NOT statutory beneficiaries.

AEA 1925 s.47 — The Statutory Trust

Section 47 of the Administration of Estates Act 1925 sets out the "statutory trust" on which issue, siblings and uncles / aunts shares are held under s.46. Each beneficiary takes a contingent interest until they reach 18 years or marry / form a civil partnership. The share of a beneficiary who dies before reaching the contingency passes to that beneficiary's own issue per stirpes (representation). The statutory trust is critical for estates with minor beneficiaries — two administrators are normally required where minors are entitled. Where all beneficiaries are adults, the trust effectively crystallises immediately into absolute interests on grant.

NCP Rules 1987 r.22 — Administrator Priority

Rule 22 of the Non-Contentious Probate Rules 1987 sets out the order of priority for applying for Letters of Administration on intestacy — mirroring the AEA 1925 s.46 order of beneficial entitlement. A person entitled in priority must be "cleared off" before a grant can be made to a person in a lower tier — typically by death (with proof), renunciation under r.43, or pass-over by the court under Senior Courts Act 1981 s.116. Where two or more persons are equally entitled (e.g. several children of the deceased), any one of them can take out the grant solely; renunciation by one does not affect the rights of the others. The Probate Registry will not normally inquire as to the wishes of equally-entitled persons not joining unless a caveat is lodged.

Intestates' Estates Act 1952 — Matrimonial Home Election

Section 5 + Schedule 2 of the Intestates' Estates Act 1952 give the surviving spouse / civil partner a statutory right to elect to take the matrimonial home in or towards satisfaction of the spouse's absolute interest in the residue (statutory legacy + ½ residue under AEA 1925 s.46(1)(i)). The election must be made within 12 months from the date of the grant (extendable by application to the court in special circumstances). Where the matrimonial home is worth more than the spouse's absolute interest, the spouse can pay the difference to the personal representatives — a "buy-out" of the issue's share. Re Collins (Deceased) [1990] 1 FLR 235 is the leading authority.

AEA 1925 s.46(1)(vi) — Bona Vacantia

Where the deceased dies intestate and no person takes an absolute interest under any of the Tier 1-9 categories, the residuary estate belongs to the Crown (or to the Duchy of Lancaster or the Duke of Cornwall, as the case may be) under AEA 1925 s.46(1)(vi). The Crown route is administered by the Bona Vacantia Division of the Government Legal Department. The Duchy of Lancaster route applies to deaths within Lancashire, Yorkshire, parts of NW England, Cumbria, Derbyshire and Staffordshire. The Duchy of Cornwall route applies to deaths within Cornwall and the Isles of Scilly. The Bona Vacantia Division operates a discretionary 12-year window for late claims by previously-untraced statutory beneficiaries.

Senior Courts Act 1981 s.116 — Passing Over

Section 116 of the Senior Courts Act 1981 empowers the High Court to pass over a person entitled to a grant where it appears necessary or expedient by reason of any special circumstances. Special circumstances have been held to include incompetence, mental incapacity, conflict of interest, criminal conviction, geographical absence and refusal to act. The court may appoint an alternative person (typically a trust corporation or independent solicitor) to act as administrator. The application is typically made under NCP Rules r.27(5) at the same time as the substantive PA1A.

Frequently Asked Questions

Build Your Form PA1A Letters of Administration

Produce a clear United Kingdom Form PA1A application for Letters of Administration the Probate Registry of HMCTS can issue — deceased identification with domicile and marital status, confirmation of intestacy, applicant administrator with statutory priority tier under AEA 1925 s.46 + NCP Rules r.22, statutory beneficiary tree (spouse / CP / issue / parents / siblings), estate valuation, GBP 300 probate fee, and four Expert clauses on the AEA 1925 s.46 10-tier statutory order with GBP 322,000 spousal legacy, the NCP Rules r.22 administrator priority order with clearing-off framework, the Intestates' Estates Act 1952 s.5 matrimonial home election (Re Collins [1990] 1 FLR 235), and the AEA 1925 s.46(1)(vi) Bona Vacantia Crown claim. Filed at the Probate Registry of HM Courts and Tribunals Service.

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