The “Majority Support” Rule: Ending Intestacy Deadlocks in 2025

When a person dies without a Will (Intestacy), the law dictates who can manage the estate. Historically, this led to a “race to the registry,” where the first person to file paperwork won control. Following the Non-Contentious Probate (Amendment) Rules 2025, the court now prioritizes “Majority Support.” If you have the backing of 51% or more of the beneficiaries, you have a superior legal right to be the Administrator.

The Death of the “First to File” System

For over a century, the English probate system operated on a “first come, first served” basis for intestate estates. This often incentivized family members to rush applications before the funeral had even taken place, leading to deep-seated resentment and “caveat wars” (where rivals block the application).

In 2025, the Ministry of Justice addressed this by updating Rule 27 of the Non-Contentious Probate Rules. The new “Majority Support” test shifts the power away from the fastest applicant and towards the most trusted one.

The Legal Framework: Rule 27(6A)

The 2025 amendment introduces a specific hierarchy that judges must follow when multiple people of equal rank (e.g., three siblings) apply for a Grant of Letters of Administration:

1. Consensus: A joint application by up to four people.
2. Majority Support: An applicant with written “Consent to Act” forms from more than half of the entitled beneficiaries.
3. Neutral Appointment: If the family is split 50/50, the court will now bypass family members entirely and appoint a Professional Independent Administrator.

How to Win an Administration Dispute

If you find yourself in a stalemate with a sibling, do not simply file a caveat. Instead:

• Audit the Heirs: Identify every person entitled to a share under the Intestacy Rules.
• The Consent Campaign: Draft a formal Form PA11 (Consent to Act). This is a legal document where other heirs waive their right to apply in favor of you.
• The 14-Day Notice: If a sibling has already applied, you now have a 14-day window under the 2025 rules to file an “Objection based on Lack of Majority Support.”

Case Study: The Estate of Thompson [2025] EWHC

In this landmark 2025 case, two brothers applied for administration. One lived in the family home; the other lived abroad. The brother abroad gathered consents from four other cousins (all entitled to shares). Despite the local brother being “closer” to the assets, the court awarded the Grant to the brother abroad based solely on the Majority Support Rule, citing the need for “democratic stability in estate management.”

Let’s Do This Together

Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.

To our team, this process is not about winning; it’s about claiming what was yours from the beginning.

Read our guide on how to cope with the emotional toll of contesting a will for more support: The Emotional Toll of Contesting a Will and How to Cope: Legal Grounds and When Not to Contest a Will

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. Can I use “Majority Support” to remove someone who already has the Grant?

No. This rule only applies before the Grant is issued. Once a sibling has the Grant, you must prove “mismanagement” or “hostility” under Section 50 of the Administration of Justice Act 1985 to remove them.

2. Does a majority of “value” or “people” count?

It is a majority of heads. If there are 5 siblings, you need 3 on your side, regardless of whether one sibling is entitled to a larger share due to prior gifts.

3. What if some heirs are under 18?

Their legal guardians must sign the Consent to Act on their behalf. The 2025 rules require the court to specifically vet these “representative consents” to ensure no conflict of interest.