Rule 25 Joinder of administratorI1
England and Wales
A person entitled in priority to a grant of administration may, without leave, apply for a grant with a person entitled in a lower degree, provided that there is no other person entitled in a higher degree to the person to be joined, unless every other such person has renounced.
Subject to paragraph (3) below, an application for leave to join with a person entitled in priority to a grant of administration a person having no right or no immediate right thereto shall be made to a F1district judge or registrar, and shall be supported by an affidavit F2or a witness statement by the person entitled in priority, the consent of the person proposed to be joined as administrator and such other evidence as the district judge or registrar may direct.
Unless a F3district judge or registrar otherwise directs, there may without any such application be joined with a person entitled in priority to administration—
any person who is nominated under paragraph (3) of rule 32 or paragraph (3) of rule 35;
a trust corporation.
Annotations
Textual amendments
- F1
Words in rule 25(2) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
- F2
Words in rule 25(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(b)
- F3
Words in rule 25(3) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)