In force2020 Revised Edition

Contents

Probate and Administration Act 1934 · 2020 Revised Edition · Part 3 · Grant of Probate or Letters of Administration

18. Letters of administration on intestacy

In plain English

When someone dies without a will, the court may grant letters of administration. The court must weigh the rights of everyone interested in the estate. These may go to the husband, widow or next of kin, or to a creditor if none of them applies. Special laws on estates of people of a particular religion or race are unaffected.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

When a person has died intestate, the court may grant letters of administration of his estate.

(2)

In granting such letters of administration the court shall have regard to the rights of all persons interested in the estate of the deceased person or the proceeds of sale thereof, and in regard to land settled previously to the death of the deceased, letters of administration may be granted to the trustees of the settlement.

(3)

Any such grant of letters of administration may be limited in any way the court thinks fit.

(4)

Without prejudice to the generality of subsection (2) —

(a)

letters of administration may be granted to the husband or widow or next of kin or any of them;

(b)

when such persons apply for letters of administration, it shall be in the discretion of the court to grant them to any one or more of such persons;

(c)

when no such person applies, letters of administration may be granted to a creditor of the deceased; and

(d)

in any case where —

(i)

the next of kin of any person dying intestate, or the greater number of such next of kin, so desire; or

(ii)

no next of kin or creditor or other person appears and makes out a claim to letters of administration,letters of administration of the estate and effects of the intestate may be granted by the court to such person as the court thinks fit for the purpose.

(5)

Nothing in this section shall affect any law by which special provision is made regarding the estates of persons of a particular religion or race.