Who is entitled to take out a Grant of Letters of Administration?

Section 66 of the Act stipulates that preference is given to the following      persons to administer the estate of a deceased person where the deceased dies intestate:

i)             The surviving spouses or spouses, with or without association of other beneficiaries.

ii)            Other beneficiaries entitled on intestacy, with priority according to their respective beneficial interests.

This means that, where the deceased is married, their spouse ranks first in priority and would be entitled to apply for letters of administration. In the order of beneficial interest provided for in the Act, subsequently the next in priority are children of the deceased. Where the deceased has no surviving spouse or children the Act provides for the following order of priority as per section 39 of the Act:

“Father; or if dead, mother; or if dead, brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares; or if none, half-brothers and half-sisters and any child or children of deceased half-brothers and half-sisters, in equal shares; or if none, the relatives who are in the nearest degree of consanguinity up to and including the sixth degree, in equal shares. Failing survival by any of the persons mentioned in paragraphs (a) to (e) of subsection (1), the net intestate estate shall devolve upon the State, and be paid into the Consolidated Fund.”

As stated in the presentation, in the case of Constitutional Petition No.E017 of 2021: Ripples International vs. The Attorney General & Others section 39 was declared unconstitutional as it discriminatorily gives priority to the father of the deceased over the mother.

As per section 56 of the Act, a minor, person of unsound mind or a bankrupt cannot be an administrator of a deceased persons estate.

A body corporate or trust corporation may be issued with Grant of Letters of Administration in accordance with section 57 of the Act.

It is important to note that when petitioning for Grant of Letters of Administration, it is important to obtain the consent of all other person who are rank in priority or are equal in rank in their entitlement to apply for the Grant.