Intestacy: who are the personal representatives?

Personal representatives or administrators?

If a person has died intestate, the personal representatives are known as administrators.

(If the deceased appointed personal representatives in a will, they are known as executors.)

Who are the administrators?

The question of who will act as administrators is governed by the laws of intestacy.

The order of priority:

1. The husband, wife or civil partner
2. Children
3. Parents
4. Brothers or sisters of the whole blood (who share both parents with the deceased) or, if none has survived, their children
5. Brothers or sisters of the half blood (who share one parent with the deceased) or, if none has survived, their children
6. Grandparents
7. Uncles and aunts of the whole blood or their children
8. Uncles and aunts of the half blood or their children

If no-one in a category survives, or if everyone in a category wishes to renounce, the chance to be administrator moves down to the next category.

More than one person with a right to act

If there is more than one person in a category, they have an equal right to act.

Only one person needs to step forward, but it is possible for two or more people from the same category to act together.

What happens if there is a dispute?

In the unfortunate situation that more than one person is entitled to act as administrator and a dispute arises between them, they can apply to a Probate Registrar for the dispute to be settled.

Making a will

Anyone who has made a properly-drafted will bypasses the laws of intestacy.