Rule 21 of Non-Contentious Probate Rule states that :
Where a person dies wholly intestate, the persons having a beneficial interest in the estate shall be entitled to a grant to administration in the following order of priority, namely :
(i) the surviving spouse or the surviving partner or partners to a union of concubinage entered into before 7 October 1971;
(ii) the children of the deceased including any children born of a union of concubinage entered into before 7 October1971, or the issue of any such child who has died during the lifetime of the deceased;
(iii) the father or mother of the deceased;
(iv) brothers and sisters of the deceased or the issue of any deceased brother or sister of the deceased who has died during the lifetime of the deceased.
If no person in any of the classes mentioned in sub- paragraphs (ii) and (iii) of the last foregoing paragraph has survived the deceased, then, the following persons hereinafter described shall, if they have a beneficial interest in the estate, be entitled to a grant in the following order of priority, namely :
(ii) uncles and aunts of the deceased, or the issue of any deceased uncle or aunt of the deceased who has died during the lifetime of the deceased.
In default of any person having a beneficial interest in the estate, the Official Administrator ; or to the creditor if the latter can clear off all persons entitled to a grant set out in the categories mentioned above.
Joinder of administrator
Rule 23 states an application to join with a person entitled to a grant of administration a person entitled in a lower degree shall, in default of renunciation by all persons entitled in priority to such last-mentioned person, be made to the Registrar and shall be supported by an affidavit by the person entitled by the consent of the person proposed to be joined as personal representative and by such other evidence as the Registrar may require.