Minority interest on intestacy: two administrators required (Senior Courts Act 1981 s.114(2))

Nadia has first priority to a grant under r.22 Non-Contentious Probate Rules 1987 as the surviving spouse. However, the estate exceeds the personal chattels plus the statutory legacy, so under s.46 Administration of Estates Act 1925 part of the residue is held on the statutory trusts for Idris, who is 9. That gives rise to a minority interest. Section 114(2) Senior Courts Act 1981 provides that where under a will or intestacy any beneficiary is a minor or a life interest arises, any grant of administration must be made to a trust corporation (with or without an individual) or to 'not less than two individuals', unless it appears to the court expedient in all the circumstances to appoint a sole administrator. Nadia should therefore apply together with a second administrator. If the estate had not exceeded the chattels and statutory legacy, Idris would take nothing and no minority interest would arise.

Why A is wrong: Priority under r.22 does not override s.114(2), which requires at least two administrators where a minority interest arises.

Why B is wrong: A minority interest does not disqualify the spouse; it only requires a second administrator or a trust corporation.

Why C is wrong: A minor cannot take a grant, and the requirement is for a second administrator, not for the minor beneficiary to apply.

Why D is wrong: Four is the maximum number under s.114(1), not a minimum; two individuals suffice.