Who Can Apply For Probate?
Who Can Apply For Probate please? My son who resided with my wife & I died on in November at just 32.
He was divorced for about 12 years from his former wife with whom he had 1 child (now 13 years old.) He also had two children (aged 9 & 10) with another partner from whom he was estranged. I have been told that I cannot administer his small estate as his father and the children’s grand father, is this correct and if so who can apply for probate? There is no will.
Who can Apply for Probate: this is the strict order.
If there is no Last Will and testament appointing an executor or executors, or those executors refuse to act then:
- the surviving husband or wife then
- the children of the Deceased (and their children if they have predeceased) – if under age they can act through a parent with Parental Responsibility) then
- the father and mother of the Deceased then
- brothers and sisters of the whole blood (and their children if they have predeceased) then
- brothers and sisters of the half blood (and their children if they have predeceased) then
- grandparents then
- uncles and aunts of the whole blood (and their children if they have predeceased) then
- uncles and aunts of the half blood (and their children if they have predeceased) then
- the Treasury Solicitor when claiming Bona Vacantia then
- any creditor of the Deceased
A grant cannot be issued to a person under 18, but parents who have parental responsibility for the relevant children can apply for a grant of probate, preferably together.
The children are likely to inherit, but there is nothing to stop you offering to help.
Obviously, we can help if you or the mothers would wish that – our fees are pretty modest!
Footnote: it is absolutely CRUCIAL that people make Wills, and keep them up to date. If there is a word stronger than crucial (imperative?) then it is even MORE important for unmarried couples or unmarried parents to make Wills.