Uniform Civil Procedure Rules 1999

The descending order of priority of persons to whom the court may grant letters of administration with the will is as follows—

a trustee of the residuary estate;

a life tenant of any part of the residuary estate;

a remainderman of any part of the residuary estate;

another residuary beneficiary;

a person otherwise entitled to all or part of the residuary estate, by full or partial intestacy;

a specific or pecuniary legatee;

a creditor or person who has acquired the entire beneficial interest under the will;

any one else the court may appoint.

The court may grant letters of administration with the will to any person, in priority to any person mentioned in subrule (1).

If 2 or more persons have the same priority, the order of priority must be decided according to which of them has the greater interest in the estate.

Each applicant must establish the person’s priority by providing evidence that each person higher in the order of priority is not entitled to priority because of death, incapacity or renunciation.

A document providing evidence for subrule (4) must be an exhibit to the affidavit in support of the application.

The applicant need not establish priority for a person equal to or lower than the applicant in the order of priority.