Letters of Administration with will annexed File

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Letters of Administration with Will
Annexed and Special Administrations
Estates Law and Practice
Introduction
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Tonight we’ll be looking at:
Letters of Administration with will annexed
Administration de bonis non administratis
Administration durante minore aetate
Administration durante dementia
Administration pendente lite
Administration durante absentia
Letters of Administration with will
annexed
• Procedure is broadly the same as normal
letters of administration.
• However, the administrator is required to
follow the terms of the will rather than
distribute the estate under the intestacy rules.
• Generally used where the deceased left a valid
will but there is no executor to be appointed
(see over).
When used
• Letters of administration with will annexed are
used where:
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The will does not appoint an executor.
The executor predeceased the testator.
The executor is unable or unwilling to act.
The executor cannot be found.
The executor has not applied for probate.
The will appointed the deceased’s former
partner/spouse as executor and that appointment is
now void under s 19 of the Wills Act 2007.
Who will be Administrator?
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The order of priority is set out in High Court Rule 27.26:
Residuary beneficiary holding in trust for someone else.
Residuary beneficiary for life.
Residuary beneficiary or someone entitled to a share of the
residue.
4. Specific beneficiaries and creditors
5. Contingent beneficiaries.
6. Someone who receives nothing under the will but would
have if the deceased died intestate.
Affidavit
• Form PR 2 is the Affidavit for Obtaining grant
of letters of Administration with Will Annexed.
• In paragraph 7 the affidavit sets out why
administration with will annexed is being sort.
Administration with will annexed
• Once appointed the administrator must
administer the estate in accordance with the
law and the will.
• In this respect the administrator’s duties are
essentially the same as an executor.
Administration de bonis non
administratis
• This type of grant is made if probate has been
granted to an executor who dies or disappears
before the administration of the estate is
completed.
• It can also be granted if an administrator has
been appointed and then died before completing
the administration.
• Note that if the executor dies but has appointed
their own executor then that executor can
administer the estate without any further grant.
Administration durante minore aetate
• “Administration while the executor is a minor”
• If the sole executor is a minor (unmarried and
under 20 or married but under 18) then this
temporary grant will be made.
• Once the executor either marries or reaches 20
the administration will end.
• If there are several executors and one is a minor
then probate will be granted to the adult
executors only.
• See section 9 Administration Act.
Administration durante dementia
• “Administration during [the executor’s]
dementia”
• This temporary grant is used where the sole
executor is mentally incapacitated.
Administration pendente lite
• “Administration during the term of litigation”
• Used if an estate is involved in a legal action
regarding the validity of the will or a grant of
administration.
• Section 7 of the Administration Act grants the
temporary administrator all the usual powers
except the power to make distributions out of
the estate (they can pay debts though).
Administration durante absentia
• “Administration during [the executor’s]
absence”
• A temporary grant made during the term of an
administration when the administrator is
absent from New Zealand.
• Under section 8 of the Administration Act the
former administration is suspended until the
temporary grant ends.
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