Form 109 Affidavit supporting application for letters of administration on intestacy

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CateButchers

Active Member
13 March 2025
11
0
31
I am completing form and have a couple of questions:
1 - I am completing these forms on behalf of my niece. is she the deponent?
2 - I believe she is the only beneficiary. She was his only child and he wasnt married or in a civil partnership and did not financially support anyone. His parents are deceased.
3 - re Q4, [At death, the deceased was not married or in a civil partnership and was without issue, parent, brother or sister, uncle or aunt, nephew or niece] (or as the case may be), what does 'without issue' mean?
 

perjury

Well-Known Member
8 January 2019
58
2
199
1. Yes
2. There is a mandatory requirement to advertise the intention to seek probate of a will in case anyone else is a beneficiary or has a claim of family provisions
3. without issue means no children - parent, brother or sister, uncle or aunt, nephew or niece are potential family provisions claimants
 

CateButchers

Active Member
13 March 2025
11
0
31
Thank you for your prompt response. I have already advertised the intention to seek letters of administration and had no response. I have also notified the public trustee. If none of the brothers, sisters etc have contacted me about seeking a family provision, do I list the deponent (my niece) as the only person known to have a beneficial interest and simply indicate the relationship. and as no one responded to the advertisement, do I then delete the suggested wording for Q4 on the form?
Do you have any suggested wording for the question - I am entitled to a grant in priority to anyone else because (set out priority) or do i delete this as well as no one else came forward?
 

CateButchers

Active Member
13 March 2025
11
0
31
Re If none of the brothers, sisters etc have contacted me about seeking a family provision above, I was listed as the contact when we advertised it.
 

perjury

Well-Known Member
8 January 2019
58
2
199
Just list the niece

Don't delete anything

Just answer questions that apply to your niece

You are sure the deceased had no siblings?