The surviving sibling/siblings of the deceased and the child/children of the deceased's sibling/siblings 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 sibling:
I am a surviving sibling of the deceased. The deceased left no spouse, domestic partner, registered caring partner, children, grandchildren, great-grandchildren or parents that survived the deceased by 30 days or more. The deceased had [a sibling/siblings] who died before or within 30 days of the deceased leaving their own [child/children] who survived the deceased by 30 days or more. Therefore, I along with the other surviving [sibling/siblings] of the deceased and the [child/children] of the deceased's [sibling/siblings] 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 sibling:
I am the only surviving sibling of the deceased. The deceased left no spouse, domestic partner, registered caring partner, children, grandchildren, great-grandchildren or parents that survived the deceased by 30 days or more. The deceased had [a sibling/siblings] who died before or within 30 days of the deceased leaving their own [child/children] who survived the deceased by 30 days or more. Therefore, I along with the [child/children] of the deceased's [sibling/siblings] 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 nieces/nephews of the deceased who are entitled to share in the estate with the consent of the surviving siblings (if they have a greater interest in the estate).
If there are multiple nieces/nephews entitled to share in the estate:
I am a [niece/nephew] of the deceased and my parent who was a sibling of the deceased died before or within 30 days of the deceased. The deceased left no spouse, domestic partner, registered caring partner, children, grandchildren, great-grandchildren or parents that survived the deceased by 30 days or more. The deceased had [a sibling/siblings] that survived the deceased by 30 days or more and [a sibling/siblings] who died before or within 30 days of the deceased leaving their own [child/children] who survived the deceased by 30 days or more. Therefore, I along with the surviving [sibling/siblings] of the deceased and the children of the deceased's [sibling/siblings] who died before or within 30 days of the deceased are entitled to share in the deceased’s estate.
If a niece/nephew is making the application and they are the only niece/nephew entitled to share in the estate consent is not required of the surviving siblings and the following should be entered:
I am a [niece/nephew] of the deceased and my parent who was a sibling of the deceased died before or within 30 days of the deceased. The deceased left no spouse, domestic partner, registered caring partner, children, grandchildren, great-grandchildren or parents that survived the deceased by 30 days or more. The deceased had [a sibling/siblings] that survived the deceased by 30 days or more and had no other sibling, other than my parent, who did not survive the deceased by 30 days or more leaving children who survived the deceased by 30 days or more. Therefore, I along with the surviving [sibling/siblings] 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.