Exam (elaborations)
Administration of estates.
- Institution
- University Of Law (ULaw)
Consolidated notes on administration of estates.
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Administration of estate and oathsProperty passing “automatically”
Claimed by producing death certificate e.g. joint property/bank accounts
No need for PRs grant
Property passing by will
1. Grant of probate
Named executors that can act will take grant of probate (can always be sole executor).
No limit on number of executors that can be appointed, but probate will be granted to a
maximum of four executors in respect of the same property. Power may be reserved to the
other(s) to take out grant in future if vacancy arises.
Appointment not affect by the fact the will may fail to dispose of some or all the deceased
assets.
Minors can be named as executors but cannot act if a minor still at testator’s death – if no
other executors/administrators – minor parents/guardian given grant of letters of
administration with will annexed until minor reaches 18.
If former spouse/CP names as executor, appointment will fail unless testator shown
intention to the contrary.
Oath for executors (must support grant of representation)
2. Grant of letter of administration with will annexed
No named executor/dead/not acting then grant of letter of administration with will
annexed.
Order of who can apply – NCPR rule 20:
o any residuary beneficiary holding property in trust for another person;
o any other beneficiary or any other person entitled to the residuary estate not
disposed of by the will;
o the personal representative of any residuary beneficiary (except those holding
property in trust for another person) or person entitled to the residue not disposed
of by the will;
o any other beneficiary or a creditor of the deceased, and;
o the personal representative of a creditor of the deceased.
When applying, must explain why there is no applicant of higher ranking, called ‘clearing off’.
If two or more persons entitled at same level, grant can be awarded to any of them without
prior notice to the other.
Two administrations required if life/minority interest.
Oath for administration with will annexed (must support grant of representation)
No valid will
3. Grant of administration
NCPR rule 20 – relatives in order of who can apply for grant of administration.
Beneficial entitlement:
o Spouse/cp
o children and grandchildren if parents predeceased
o parents
o whole blood siblings
o half-blood siblings
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