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 :

(i) grandparents;

(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.

Death with a will

If the Deceased left a Will, it is the executor who applys for the application of Grant which is a court order authorising the executor to administer the Deceased’s estate according to the directions in the Will. The order is called Probate.

Death without a will

If the Deceased did not leave a Will, The order of priority for the application of Grant as stated in Rule 21 of the Non-Contentious Probate Rules (Cap.10A) is:

(a) spouse,

(b) the child or one of the children of the Deceased,

(c) the father or mother of the Deceased,

(d) the brother or sister of the Deceased.

As a matter of general rule, the one with higher priority should file the application for the Grant which authorizes one or more persons to administer the Deceased’s estate in accordance with the law. The person is referred to as administrator. The order is called Letters of Administration.

However, a person having a lower priority may still be entitled to the Grant if the persons with higher priority have either died or renounced their rights to the Grant. Evidence of death or renunciation has to be filed with the Probate Registry.

Rule 19 of Non-Contentious Probate Rules (Cap. 10A) states that :

The person or persons entitled to a grant of probate or administration with the will annexed shall be determined in accordance with the following order of priority, namely-

(i) the executor;

(ii) any residuary legatee or devisee holding in trust for any other person;

(iii) any residuary legatee or devisee for life;

(iv) (a) the ultimate residuary legatee or devisee ; or

(b) any person or his personal representative entitled to share in the residue not wholly disposed of ;

Provided that if the Registrar is satisfied, any legatee or devisee entitled to share in the whole or substantially the whole of the estate, notwithstanding that the residue is not wholly disposed of under the will;

(v) (a) any specific legatee or devisee (or the personal representative of such person) ; or

(b) any creditor (or the personal representative of such person) ; or

(c) any person who, notwithstanding that the amount of the estate is such that he has no immediate beneficial interest therein, may have a beneficial interest in the event of an accretion thereto;

(vi) (a) any legatee or devisee, whether residuary or specific, entitled on the happening of any contingency ; or

(b) any person, having no interest under the will of the deceased, would have been entitled to a grant if the deceased had died wholly intestate.

An applicant is only entitled to a grant if he can bring himself within the capacity under Rule 19, with all persons having prior rights having been cleared off.