Order of priority for grant in case of intestacy22

1

Where the deceased died on or after 1 January 1926, wholly intestate, the person or persons having a beneficial interest in the estate shall be entitled to a grant of administration in the following classes in order of priority, namely—

a

the surviving husband or wife;

b

the children of the deceased and the issue of any deceased child who died before the deceased;

c

the father and mother of the deceased;

d

brothers and sisters of the whole blood and the issue of any deceased brother or sister of the whole blood who died before the deceased;

e

brothers and sisters of the half blood and the issue of any deceased brother or sister of the half blood who died before the deceased;

f

grandparents;

g

uncles and aunts of the whole blood and the issue of any deceased uncle or aunt of the whole blood who died before the deceased;

h

uncles and aunts of the half blood and the issue of any deceased uncle or aunt of the half blood who died before the deceased.

2

In default of any person having a beneficial interest in the estate, the Treasury Solicitor shall be entitled to a grant if he claims bona vacantia on behalf of the Crown.

3

If all persons entitled to a grant under the foregoing provisions of this rule have been cleared off, a grant may be made to a creditor of the deceased or to any person who, notwithstanding that he has no immediate beneficial interest in the estate, may have a beneficial interest in the event of an accretion thereto.

4

Subject to paragraph (5) of rule 27, the personal representative of a person in any of the classes mentioned in paragraph (1) of this rule or the personal representative of a creditor of the deceased shall have the same right to a grant as the person whom he represents provided that the persons mentioned in sub-paragraphs (b) to (h) of paragraph (1) above shall be preferred to the personal representative of a spouse who has died without taking a beneficial interest in the whole estate of the deceased as ascertained at the time of the application for the grant.