WE 4 & 5 - Executors & administrators Flashcards
Where does the entitlement to act as an executor derive?
from the will
Can an executor give their right to take out the grant to someone else?
No - although they may appoint someone to act on their behalf.
When is an executor unable to act?
- if they pre-deceased the testator.
- are a minor.
- lack capacity
- are the testators former spouse/civil partner and the divorce/dissolution took place after the will was made.
How many executors are required?
How many executors can be named on the grant?
- One.
- A maximum of 4 can be named on the grant
What happens if the sole executor dies after grant?
- Chain of representation applies (essentially the PR of the deceased PR take over - no additional grant needed), or
- Grant of letters of administration de bonis non is issued.
There is no will. Where does an administrator get their authority?
Administrators are appointed under the NCPR and their authority to act derives from the grant.
When will a Grant of Letters of Administration (with Will) apply?
Where the deceased left a will but there are no executors willing/able to act.
What is the statutory order of entitlement to be appointed as administrator under a grant of letters (with will)?
a) executor
b) trustee of the residuary estate,
c) any residuary beneficiary or, where there is a partial intestacy, a beneficiary of the estate under intestacy.
d) the PRs of anyone in (c) other than a trustee of a life tenant of the residue.
e) any other beneficiary or a creditor.
f) PRs of anyone in (e).
those within the same category have an equal right to apply
what is ‘clearing off’
The applicants for administrator of grant of letters (with will) must explain why anyone with a better right to apply is not doing so.
Note - no need to clear off people in the same category.
When will a Grant of Letters of Administration apply?
Where the deceased dies without a will
What is the statutory order of entitlement to be appointed as administrator under a grant of letters?
Must have a beneficial entitlement under the estate:-
a) surviving spouse/civil partner
b) children of the deceased
c) father and mother of deceased
d) whole blood siblings.
e) half-blood siblings
f) grandparents
g) Uncles/Aunts of whole blood
h) Uncles/Aunts of half blood
- The crown
- If the crown does not apply, a creditor, of person who does not receive a benefit (but would have done had the estate been larger).
what if an applicant survived the deceased but dies before the grant?
The applicant’s PRs can apply, but living person is preferred.
Can a minor act as an administrator?
No, but someone can apply for a grant on their behalf. However, an adult of equal entitlement will take preference.
An application may be appropriate where:
- no adult of equal or greater entitlement will act, or all people within the most entitled category are children.
- How many administrators are required under letters of administration / letters of administration (with will)?
- One
How many administrators are required under letters of administration / letters of administration (with will) if there is a life interest in the estate or a minor?
- Two
