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Grants of representation involving minors in England and Wales: entitlement, parental responsibility, appointment of administrators, two-administrator requirement, and procedure (NCPR r 32; SCA 1981)

Practice notes
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It is fairly common for a minor — that is, someone under 18 (formerly termed an infant) — to have a claim to a deceased person’s estate. Yet that minor cannot obtain a grant in respect of the estate while they remain under age, for example where they have been named as an executor, or stand next in the priority order for a grant of letters of administration on intestacy, or for a grant of letters of administration with Will annexed. Consequently, subject to the circumstances, a different person must take the grant for the interim until the minor reaches 18.

What is ‘minority’

The Family Law Reform Act 1969 lowered the age of majority from 21 to 18, and that change applies to any deed, Will or other instrument (other than a statutory provision) executed on or after 1 January 1970. Where there is an intestacy and the intestate dies after 1 January 1970 so that the statutory trusts arise, the relevant age of majority is 18. By contrast, if the death was before that date, absolute vesting still occurs at 21 years. Accordingly, pre-1970 estates vest absolutely at 21 years...

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Web page updated on 21/05/2026

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