The surviving child/children of the deceased and the child/children of the deceased's child/children who died before or within 30 days of the deceased are entitled to share in the estate. Click on the relationship of the person applying below to see an example of what to enter in the text box on RedCrest-Probate (on the ‘Relationship Details’ screen) in answer to the question ‘Why is the plaintiff entitled to administer the estate?’ (this will populate in paragraph 8 of the affidavit of the plaintiff):
If the deceased had more than one surviving child:
I am a surviving child of the deceased. The deceased left no spouse, domestic partner or registered caring partner that survived the deceased by 30 days or more. The deceased had [a child/children] who died before or within 30 days of the deceased leaving their own [child/children] that survived the deceased by 30 days or more. Therefore, I along with the other surviving children of the deceased and the [child/children] of the deceased's [child/children] who died before or within 30 days of the deceased are entitled to share in the deceased’s estate.
If the deceased had only one surviving child:
I am the sole surviving child of the deceased. The deceased left no spouse, domestic partner or registered caring partner that survived the deceased by 30 days or more. The deceased had [a child/children] who died before or within 30 days of the deceased leaving their own [child/children] that survived the deceased by 30 days or more. Therefore, I along with the [child/children] of the deceased's [child/children] who died before or within 30 days of the deceased are entitled to share in the deceased’s estate.
An application could also be made by one or more of the grandchildren of the deceased entitled to share in the estate with the consent of any surviving children of the deceased (if they have a greater share in the estate).
If a grandchild if making the application and there are multiple grandchildren entitled to share in the estate the following should be entered:
I am a grandchild of the deceased and my parent who was a child of the deceased died before or within 30 days of the deceased. The deceased left no spouse, domestic partner or registered caring partner that survived the deceased by 30 days or more. The deceased had [a child/children] who survived the deceased by 30 days or more and also had [a child/children] who died before or within 30 days of the deceased leaving their own children that survived the deceased by 30 days or more. Therefore, I along with the surviving [child/children] of the deceased and the other children of the deceased's [child/children] who died before or within 30 days of the deceased are entitled to share in the deceased’s estate.
If a grandchild if making the application and they are the only grandchild entitled to share in the estate consent is not required of the surviving children and the following should be entered:
I am a grandchild of the deceased and the only child of my parent who was a child of the deceased that died before or within 30 days the deceased. The deceased left no spouse, domestic partner or registered caring partner that survived the deceased by 30 days or more. The deceased had [a child/children] who survived the deceased by 30 days or more and also had a child who died before or within 30 days of the deceased leaving a child that survived the deceased by 30 days or more. Other than my parent, the deceased had no other child that died before or within 30 days of the deceased leaving their own children. Therefore, I along with the surviving [child/children] of the deceased are entitled to share in the deceased’s estate.
Important Instructions
- When copying the example paragraph, you should select the accurate option from within the square brackets based on the deceased’s relationships at the date of their death.
- If the deceased was never married and was born a male, proof of paternity for all children must be filed in support of the application. The most common way to prove paternity is to file a certified copy of the birth certificate of the children showing that the deceased is named as the father.