Letters Of Administration in Europe
Definition of Letters Of Administration
Where a person possessed of property, whether real or personal, dies intestate, or without an executor, the Probate, Divorce and Admiralty Division will grant to a proper person an authority under the seal of the Court, called letters of administration, by which the grantee, the administrator, becomes clothed with powers and duties similar to those of an executor. In addition to the oaths taken by the administrator, he enters into a bond.
If no executor is appointed under the will, the Court will grant letters of administration with the will annexed (cum testamento annexo) to a person interested in the estate ; e.g. a devisee, legatee, or the trustees of a settlement of land made previously to the death. After 1925, probate or administration may not be granted to more than four persons in respect of the same property, and if there is a minority, or a life interest arises, administration is to be granted either to a trust corporation (e.g., the Public Trustee) with or without an individual, or to not less than two individuals. A tr,ust corporation may be granted probate or administration, and either solely or jointly with any other person.
Where the deceased dies wholly intestate, administration shall, except in special circumstances, e.g., insolvency, be granted to persons interested in the residuary estate, on application made by them, or to trustees of a settlement made previously to the death in respect of the settled land.
Administration may be granted pendente lite to an administrator who shall be subject to the control of the Court, and who shall not have the power of distributing residue. If a personal representative to whom a grant has been made resides abroad for twelve months after the death, special administration may be granted to a creditor or other person interested. Where an infant is sole executor, administration with the will annexed is to be granted to his guardian or other person until majority. (Judicature Act, 1925, ss. 160-167.) Probate and letters of administration are capable of transferring a legal estate to personal representatives. (Law of Property Act, 1925, s. 11, sub-s. 2.)
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Definition of Letters Of Administration is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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