Non-Contentious Probate Rules 1987: Who Can Apply for Letters of Administration?
Rule 20 NCPR 1987 sets the strict order in which family members may apply for a grant of letters of administration on intestacy. The spouse or civil partner comes first; all higher-priority relatives must be cleared before a lower-ranked person can act.
Rule 20 Priority Order
| Priority | Who may apply | Notes |
|---|---|---|
| 1 | Spouse or civil partner of the deceased | Only if surviving; separated but not divorced spouse retains priority unless divorce absolute |
| 2 | Children of the deceased (or their issue if predeceased) | Legitimate, illegitimate, and adopted children. Issue of predeceased child per stirpes |
| 3 | Father or mother of the deceased | Both parents have equal priority |
| 4 | Brothers and sisters of the whole blood (or their issue) | Siblings share priority equally |
| 5 | Brothers and sisters of the half blood (or their issue) | Half-blood after whole blood |
| 6 | Grandparents | — |
| 7 | Uncles and aunts of the whole blood (or their issue) | First cousins take as issue of a predeceased uncle/aunt |
| 8 | Uncles and aunts of the half blood (or their issue) | — |
| 9 | Crown (bona vacantia) | Duchy of Lancaster or Duchy of Cornwall in relevant areas — estate passes as ownerless property |
Frequently Asked Questions
What are the Non-Contentious Probate Rules 1987 and why do they matter?
The Non-Contentious Probate Rules 1987 (SI 1987/2024) are the procedural rules governing the grant of representation (probate and letters of administration) in England and Wales. They are made under the Supreme Court Act 1981 (now the Senior Courts Act 1981) and apply to all non-disputed grant applications in the Probate Registry and district registries. Rule 20 NCPR 1987 is the key provision for intestacy: it sets the order in which people are entitled to apply for a grant of letters of administration where there is no will or no operative will. Without these rules, there would be no clear framework for who can step forward to administer a deceased person's estate, potentially causing disputes and administrative paralysis.
What is the rule 20 priority order for letters of administration?
Rule 20 Non-Contentious Probate Rules 1987 sets out the priority order for who may take a grant of letters of administration (simple administration) on an intestacy. In descending priority: (1) the spouse or civil partner of the deceased; (2) children of the deceased, or issue of predeceased children; (3) father or mother of the deceased; (4) brothers or sisters of the whole blood, or their issue; (5) brothers or sisters of the half blood, or their issue; (6) grandparents; (7) uncles and aunts of the whole blood, or their issue; (8) uncles and aunts of the half blood, or their issue; (9) the Crown, the Duchy of Lancaster, or the Duchy of Cornwall where the estate is bona vacantia. 'Issue' in this context means children, grandchildren, and further descendants.
What does 'clearing the field' mean in probate administration?
Clearing the field is the process by which a person of lower priority in the r.20 order satisfies the Probate Registry that they are entitled to apply despite their lower ranking. Before a lower-ranked person can obtain a grant, all those of higher priority must have been accounted for — either because they have renounced their right to a grant (Form PA15), died before taking the grant, or are otherwise excluded (e.g. lacking capacity). If a higher-priority person simply cannot be found or refuses to act, the lower-priority applicant may need to apply for a citation — a formal notice requiring the higher-priority person to take the grant or lose their right to do so. Failure to clear the field properly will result in the Probate Registry rejecting the application.
How many administrators are needed when the estate includes a minority interest?
Where the estate includes a minority interest — that is, where the estate is or may be held for a person under 18 — a minimum of two administrators (or a trust corporation) must be appointed to take the grant. This is the requirement under the Senior Courts Act 1981 and applies even if a single person would normally have clear priority under r.20. The reason is that a single trustee cannot give a valid receipt for capital money under the Trustee Act 1925. In practice, this means that if a grandchild under 18 is entitled under intestacy, the parents or guardian of that grandchild will need to join a co-administrator, or apply alongside another person of at least equal priority.
What is a grant of letters of administration with will annexed and when does it arise?
A grant of letters of administration with will annexed (also called 'cum testamento annexo' or CTA) is issued where there is a valid will but no executor who can act — for example because the named executor has died, renounced, or lacks capacity; or because the will names no executor at all. Rule 20 NCPR 1987 does not apply to this type of grant — instead, Rule 20 deals with simple intestacy administration. For CTA grants, Rule 19 NCPR 1987 applies, giving priority to the residuary beneficiary (or beneficiaries) named in the will, followed by other beneficiaries, and then the people who would have been entitled on intestacy. The grant confers the same powers as a grant of probate — the administrator with will annexed is bound by the terms of the will just as an executor would be.
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