Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 610

610 Priority for letters of administration

(1) The descending order of priority of persons to whom the court may grant letters of administration on intestacy is as follows—

(a) the deceased’s surviving spouse;

(b) the deceased’s children;

(c) the deceased’s grandchildren or great-grandchildren;

(d) the deceased’s parent or parents;

(e) the deceased’s brothers and sisters;

(f) the children of deceased brothers and sisters of the deceased;

(g) the deceased’s grandparent or grandparents;

(h) the deceased’s uncles and aunts;

(i) the deceased’s first cousins;

(j) anyone else the court may appoint.

(2) A person who represents a person mentioned in a paragraph of subrule (1) has the same priority as the person represented.

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

(4) Also, if there is more than 1 surviving spouse, the court may make a grant to 1 or more of them, or to a person lower in the order of priority.

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

(6) A document providing evidence for subrule (5) must be an exhibit to the application.

(7) The applicant need not establish priority for a person equal to or lower than the applicant in the order of priority but the existence or non-existence and beneficial interest of any spouse or a person claiming to be a spouse must be sworn.