When individuals die, someone standing in their shoes- a personal representative – needs to administer whatever valuables they leave behind and or their obligations. Who is entitled to do so is prescribed by law.
Where there is a will, the following persons, in order of priority, may apply to the Court to become personal representatives:
- The executor(s), if named,
- The residuary beneficiary who is a trustee in relation to the residue,
- Any other residuary beneficiary,
- Any other beneficiary holding who is a trustee for any other person,
- Any beneficiary,
- Any beneficiary of the undisposed residuary estate; or
- Such other person as the Court may direct.
However, where the person dies without a valid will, then the order is as follows:
- Surviving spouse,
- Child or children of the deceased or a grandchild whose parent died before the deceased,
- Parent(s),
- Sibling(s) of the whole blood, or children of such persons who died before the deceased,
- Sibling(s) of the half blood, or children of such persons who died before the deceased,
- Grandparent(s),
- Aunts and uncles of the whole blood, or children of aunts or uncles who died before the deceased,
- Aunts and uncles of the half blood, or children of aunts or uncles who died before the deceased,
- The Crown (ie, the Government),
- A creditor or person interested in the estate of the deceased, or
- Such other person as the Court may direct.