LETTER OF ADMINISTRATION UNDER SUCCESSION LAW
One of the most important decisions a
person must make when preparing his or her Will is who to appoint as executor
or executors. An executor appointed under a Will, in effect, stands in the
testator’s place after death. Similarly, an administrator stands in the
place of the deceased even though he or she is appointed by the court. An
executor is usually appointed by name in the Will. An executor may also be
appointed by implication from the wording used in the Will such as where the
testator fails to nominate a person in express terms but, on construction of
the Will, it appears that a particular person has been appointed to perform the
essential duties of an executor. In such a case, the executor is known as
an “executor according to the tenure” of the Will.
person must make when preparing his or her Will is who to appoint as executor
or executors. An executor appointed under a Will, in effect, stands in the
testator’s place after death. Similarly, an administrator stands in the
place of the deceased even though he or she is appointed by the court. An
executor is usually appointed by name in the Will. An executor may also be
appointed by implication from the wording used in the Will such as where the
testator fails to nominate a person in express terms but, on construction of
the Will, it appears that a particular person has been appointed to perform the
essential duties of an executor. In such a case, the executor is known as
an “executor according to the tenure” of the Will.
If someone dies interstate before
administration of estate is entrusted to someone or when no executor is
appointed under the will of deceased or when executor is appointed but he
refuses to act, then Letters of administration may be issued to entitle the
administrator to all rights required for effective administration of the estate
of deceased. An application is to be filed to a civil court of competent
jurisdiction which will then appoint the Administrator to dispose off the debts.
administration of estate is entrusted to someone or when no executor is
appointed under the will of deceased or when executor is appointed but he
refuses to act, then Letters of administration may be issued to entitle the
administrator to all rights required for effective administration of the estate
of deceased. An application is to be filed to a civil court of competent
jurisdiction which will then appoint the Administrator to dispose off the debts.
If a person is appointed an executor under
a Will but does not wish to take on the role, he or she can “renounce Probate”
by filing the appropriate documents with the Supreme Court.
a Will but does not wish to take on the role, he or she can “renounce Probate”
by filing the appropriate documents with the Supreme Court.
Difference between Succession Certificate
and Letter of Administration
and Letter of Administration
In the absence of a will, if there is no
survivor amongst the account holders and a no nomination had been done by the
holder(s) earlier, a Succession Certificate is to be the primary document
through which the heirs can stake a claim to the assets of a deceased relative. A
succession certificate, under the Indian Succession Act, is a document that
gives authority to the person who obtains it, to represent the deceased for the
purpose of collecting debts and securities due to him or payable in his name.
survivor amongst the account holders and a no nomination had been done by the
holder(s) earlier, a Succession Certificate is to be the primary document
through which the heirs can stake a claim to the assets of a deceased relative. A
succession certificate, under the Indian Succession Act, is a document that
gives authority to the person who obtains it, to represent the deceased for the
purpose of collecting debts and securities due to him or payable in his name.
It establishes the authenticity of the
heirs and give them the authority to inherit debts, securities and other assets
that the deceased may have left behind.
heirs and give them the authority to inherit debts, securities and other assets
that the deceased may have left behind.
The beneficiary has to approach the
district or the high court within whose jurisdiction, i.e. legal territory, the
assets fall (where the properties of your deceased relative are situated) and
file a petition for a succession certificate.
district or the high court within whose jurisdiction, i.e. legal territory, the
assets fall (where the properties of your deceased relative are situated) and
file a petition for a succession certificate.
The court, after examining the petition,
issues a notice to all those concerned. It also issues a notice in a newspaper
and specifies a time frame (usually one-and-a-half months) within which anyone
who has objections may raise them. If no one contests the notice and the court
is satisfied, it passes an order to issue a succession certificate to the
petitioner.
issues a notice to all those concerned. It also issues a notice in a newspaper
and specifies a time frame (usually one-and-a-half months) within which anyone
who has objections may raise them. If no one contests the notice and the court
is satisfied, it passes an order to issue a succession certificate to the
petitioner.
Once you have the certificate, you are
authenticated to distribute the assets to the legal heirs as per the succession
laws.
authenticated to distribute the assets to the legal heirs as per the succession
laws.
A Succession Certificate is not
granted in cases where obtaining a Probate of Letter of Administration is
necessary such as when there is a valid will.
granted in cases where obtaining a Probate of Letter of Administration is
necessary such as when there is a valid will.
How to apply for Letter of Administration – For obtaining a letter of administration
the beneficiary has to apply to the court. The court on receiving satisfactory
proof of valid execution of the will issues letter of administration to the
beneficiary. The application for letter of administration has to contain the
following details:
the beneficiary has to apply to the court. The court on receiving satisfactory
proof of valid execution of the will issues letter of administration to the
beneficiary. The application for letter of administration has to contain the
following details:
a) The time of the testator’s death.
b) Annexed in his last will and
testament. It was duly executed.
testament. It was duly executed.
c) The amount of assets which are
likely to come to the petitioner’s hands.
likely to come to the petitioner’s hands.
d) The petitioner also the executor
named in the will.
named in the will.
Procedure- Form
for the grant of Letters of Administration is in Schedule VII of Indian
Succession Act, 1925, contains the form for grant of Letters of Administration.
This application can be made 14 days after the death. The court grants the
letter to beneficiary on being satisfied and if no one applies it may be
granted to the creditor of the deceased. Will has to be duly executed and
petitioner’s name must be there. Details like time of death, amounts of assets
have to be mentioned.
for the grant of Letters of Administration is in Schedule VII of Indian
Succession Act, 1925, contains the form for grant of Letters of Administration.
This application can be made 14 days after the death. The court grants the
letter to beneficiary on being satisfied and if no one applies it may be
granted to the creditor of the deceased. Will has to be duly executed and
petitioner’s name must be there. Details like time of death, amounts of assets
have to be mentioned.
Section 278 in The Indian Succession Act,
1925
1925
278. Petition for letters of
administration. –
administration. –
(1) Application for letters of
administration shall be made by petition distinctly written as aforesaid and
stating –
administration shall be made by petition distinctly written as aforesaid and
stating –
(a) the time and place of the deceased’s
death;
death;
(b) the family or other relatives of the
deceased, and their respective residences;
deceased, and their respective residences;
(c) the right in which the petitioner
claims;
claims;
(d) the amount of assets which are likely
to come to the petitioner’s hands;
to come to the petitioner’s hands;
(e) when the application is to the
District Judge, that the deceased at the time of his death had a fixed place of
abode, or had some property, situate within the jurisdiction of the Judge; and
District Judge, that the deceased at the time of his death had a fixed place of
abode, or had some property, situate within the jurisdiction of the Judge; and
(f) when the application is to a District
Delegate, that the deceased at the time of his death had a fixed place of abode
within the jurisdiction of such Delegate.
Delegate, that the deceased at the time of his death had a fixed place of abode
within the jurisdiction of such Delegate.
(2) Where the application is to the
District Judge and any portion of the assets likely to come to the petitioner’s
hands is situate in another State, the petition shall further state the amount
of such assets in each State and the District Judges within whose jurisdiction
such assets are situate.
District Judge and any portion of the assets likely to come to the petitioner’s
hands is situate in another State, the petition shall further state the amount
of such assets in each State and the District Judges within whose jurisdiction
such assets are situate.
Form Of Letters Of Administration
As per Schedule VII of Indian Succession
Act, 1925
Act, 1925
I, ……………………….. , Judge of the District
of……………………………….. [or Delegate appointed for granting probate or letters of
administration in (here insert the limits of the Delegate’s jurisdiction)],
hereby make known that on the day of letters of administration (with or without
the will annexed, as the case may be), of the property and credits of, late of,
deceased, were granted to, the father (or as the case may be) of the deceased,
he having undertaken to administer the same and to make a full and true
inventory of the said property and credits and exhibit the same in this Court,
within six months from the date of this grant or within such further time as
the Court may, from time to time, appoint, and also to render to this Court a
true account of the said property and credits within one year from the same
date, or within such further time as the Court may, from time to time, appoint.
of……………………………….. [or Delegate appointed for granting probate or letters of
administration in (here insert the limits of the Delegate’s jurisdiction)],
hereby make known that on the day of letters of administration (with or without
the will annexed, as the case may be), of the property and credits of, late of,
deceased, were granted to, the father (or as the case may be) of the deceased,
he having undertaken to administer the same and to make a full and true
inventory of the said property and credits and exhibit the same in this Court,
within six months from the date of this grant or within such further time as
the Court may, from time to time, appoint, and also to render to this Court a
true account of the said property and credits within one year from the same
date, or within such further time as the Court may, from time to time, appoint.
Powers of the Administrators
Chapter 6 of the Indian Succession Act
deals with the Powers of the Administrators. Administrators and executors are
an important part of the Succession. In respect of causes of action surviving
deceased and debts due at death.-An executor or administrator has the same
power to sue in respect of all causes of action that survive the deceased, and
may exercise the same power for the recovery of debts as the deceased has when
living. Demands and rights of action of or against deceased survive to and
against executor or administrator.
deals with the Powers of the Administrators. Administrators and executors are
an important part of the Succession. In respect of causes of action surviving
deceased and debts due at death.-An executor or administrator has the same
power to sue in respect of all causes of action that survive the deceased, and
may exercise the same power for the recovery of debts as the deceased has when
living. Demands and rights of action of or against deceased survive to and
against executor or administrator.
All demands whatsoever and all rights to
prosecute or defend any action or special proceeding existing in favour of or
against a person at the time of his decease, survive to and against his
executors or administrators; except causes of action for defamation, assault,
as defined in the Indian Penal Code, (45 of 1860.) or other personal injuries
not causing the death of the party; and except also cases where, after the
death of the party, the relief sought could be granted.
prosecute or defend any action or special proceeding existing in favour of or
against a person at the time of his decease, survive to and against his
executors or administrators; except causes of action for defamation, assault,
as defined in the Indian Penal Code, (45 of 1860.) or other personal injuries
not causing the death of the party; and except also cases where, after the
death of the party, the relief sought could be granted.
Section 307 in The Indian Succession Act,
1925 – Power of
executor or administrator to dispose of property —
1925 – Power of
executor or administrator to dispose of property —
(1) Subject to the provisions of
sub-section (2), an executor or administrator has power to dispose of the
property of the deceased, vested in him under section 211, either wholly or in
part, in such manner as he may think fit. Illustrations
sub-section (2), an executor or administrator has power to dispose of the
property of the deceased, vested in him under section 211, either wholly or in
part, in such manner as he may think fit. Illustrations
(i) The deceased has made a specific
bequest of part of his property. The executor, not having assented to the
bequest, sells the subject of it. The sale is valid.
bequest of part of his property. The executor, not having assented to the
bequest, sells the subject of it. The sale is valid.
(ii) The executor in the exercise of his
discretion mortgages a part of the immovable estate of the deceased. The
mortgage is valid.
discretion mortgages a part of the immovable estate of the deceased. The
mortgage is valid.
(2) If the deceased was a Hindu,
Muhammadan, Buddhist, Sikh or Jaina or an exempted person, the general power
conferred by sub-section (1) shall be subject to the following restrictions and
conditions, namely:—
Muhammadan, Buddhist, Sikh or Jaina or an exempted person, the general power
conferred by sub-section (1) shall be subject to the following restrictions and
conditions, namely:—
(i) The power of an executor to dispose of
immovable property so vested in him is subject to any restriction which may be
imposed in this behalf by the Will appointing him, unless probate has been
granted to him and the Court which granted the probate permits him by an order
in writing, notwithstanding the restriction, to dispose of any immovable
property specified in the order in a manner permitted by the order.
immovable property so vested in him is subject to any restriction which may be
imposed in this behalf by the Will appointing him, unless probate has been
granted to him and the Court which granted the probate permits him by an order
in writing, notwithstanding the restriction, to dispose of any immovable
property specified in the order in a manner permitted by the order.
(ii) An administrator may not, without the
previous permission of the Court by which the letters of administration were
granted,—
previous permission of the Court by which the letters of administration were
granted,—
(a) mortgage, charge or transfer by sale,
gift, exchange or otherwise any immovable property for the time being vested in
him under section 211, or
gift, exchange or otherwise any immovable property for the time being vested in
him under section 211, or
(b) lease any such property for a term
exceeding five years.
exceeding five years.
(iii) A disposal of property by an
executor or administrator in contravention of clause (i) or clause (ii), as the
case may be, is voidable at the instance of any other person interested in the
property.
executor or administrator in contravention of clause (i) or clause (ii), as the
case may be, is voidable at the instance of any other person interested in the
property.
(3) Before any probate or letters of
administration is or are granted in such a case, there shall be endorsed
thereon or annexed thereto a copy of sub-section (1) and clauses (i) and (iii)
of sub-section (2) or of sub-section (1) and clauses (ii) and (iii) of
sub-section (2), as the case may be.
administration is or are granted in such a case, there shall be endorsed
thereon or annexed thereto a copy of sub-section (1) and clauses (i) and (iii)
of sub-section (2) or of sub-section (1) and clauses (ii) and (iii) of
sub-section (2), as the case may be.
(4) A probate or letters of administration
shall not be rendered invalid by reason of the endorsement or annexure required
by sub-section (3) not having been made thereon or attached thereto, nor shall
the absence of such an endorsement or annexure authorise an executor or
administrator to act otherwise than in accordance with the provisions of this
section.
shall not be rendered invalid by reason of the endorsement or annexure required
by sub-section (3) not having been made thereon or attached thereto, nor shall
the absence of such an endorsement or annexure authorise an executor or
administrator to act otherwise than in accordance with the provisions of this
section.
General powers of administration – An executor or administrator may, in
addition to, and not in derogation of, any other powers of expenditure lawfully
exercisable by him incur expenditure
addition to, and not in derogation of, any other powers of expenditure lawfully
exercisable by him incur expenditure
(a) on such acts as may be necessary for
the proper care or management of any property belonging to any estate
administered by him, and
the proper care or management of any property belonging to any estate
administered by him, and
(b) with the sanction of the High Court,
on such religious, charitable and other objects, and on such improvements, as
may be reasonable and proper in the case of such property.
on such religious, charitable and other objects, and on such improvements, as
may be reasonable and proper in the case of such property.
Commission or agency charges – An executor or administrator shall not be
entitled to receive or retain any commission or agency charges at a higher rate
than that for the time being fixed in respect of the Administrator-General by
or under the Administrator-General’s Act, 1913 (3 of 1913).
entitled to receive or retain any commission or agency charges at a higher rate
than that for the time being fixed in respect of the Administrator-General by
or under the Administrator-General’s Act, 1913 (3 of 1913).
Purchase by executor or administrator of
deceased’s property – If any executor or administrator purchases, either directly or
indirectly, any part of the property of the deceased, the sale is voidable at
the instance of any other person interested in the property sold.
deceased’s property – If any executor or administrator purchases, either directly or
indirectly, any part of the property of the deceased, the sale is voidable at
the instance of any other person interested in the property sold.
Powers of several executors or
administrators exercisable by one – When there are several executors or administrators, the
powers of all may, in the absence of any direction to the contrary, be
exercised by any one of them who has proved the will or taken out
administration like that,
administrators exercisable by one – When there are several executors or administrators, the
powers of all may, in the absence of any direction to the contrary, be
exercised by any one of them who has proved the will or taken out
administration like that,
(i) One of several executors has
power to release a debt due to the deceased.
power to release a debt due to the deceased.
(ii) One has power to surrender a lease.
(iii) One has power to sell the property
of the deceased whether moveable or immoveable.
of the deceased whether moveable or immoveable.
(iv) One has power to assent to a legacy.
(v) One has power to endorse a promissory
note payable to the deceased.
note payable to the deceased.
(vi) The will appoints A, B, C and D to be
executors, and directs that two of them shall be a quorum. No act can be done
by a single executor.
executors, and directs that two of them shall be a quorum. No act can be done
by a single executor.
Survival of powers on death of one of
several executors or administrators- Upon the death of one or more of several executors or
administrators, in the absence of any direction to the contrary in the will or
grant of letters of administration, all the powers of the office become vested
in the survivors or survivor.
several executors or administrators- Upon the death of one or more of several executors or
administrators, in the absence of any direction to the contrary in the will or
grant of letters of administration, all the powers of the office become vested
in the survivors or survivor.
Powers of the administrator of effects
unadministered – The
administrator of effects unadministered has, with respect to such effects, the
same powers as the original executor or administrator.
unadministered – The
administrator of effects unadministered has, with respect to such effects, the
same powers as the original executor or administrator.
Powers of the administrator during
minority – An
administrator during minority has all the powers of an ordinary administrator.
minority – An
administrator during minority has all the powers of an ordinary administrator.
Powers of married executrix or
administratrix – When
a grant of probate or letters of administration has been made to a married
woman, she has all the powers of an ordinary executor or administrator.
administratrix – When
a grant of probate or letters of administration has been made to a married
woman, she has all the powers of an ordinary executor or administrator.
Duties of an Executor or Administrator
( Section 316 to 331 –
Indian Succession Act, 1925 )
Indian Succession Act, 1925 )
1. Deceased’s funeral – It is the duty of an executor to provide
funds for the performance of the necessary funeral ceremonies of the deceased
in a manner suitable to his condition, if he has left property sufficient for
the purpose.
funds for the performance of the necessary funeral ceremonies of the deceased
in a manner suitable to his condition, if he has left property sufficient for
the purpose.
2. Inventory and account –
(1) An executor or administrator shall,
within six months from the grant of probate or letters of administration, or
within such further time as the Court which granted the probate or letters may
appoint, exhibit in that Court an inventory containing a full and true estimate
of all the property in possession, and all the credits, and also all the debts
owing by any person to which the executor or administrator is entitled in that
character; and shall in like manner, within one year from the grant or within
such further time as the said Court may appoint, exhibit an account of the
estate, showing the assets which have come to his hands and the manner in which
they have been applied or disposed of.
within six months from the grant of probate or letters of administration, or
within such further time as the Court which granted the probate or letters may
appoint, exhibit in that Court an inventory containing a full and true estimate
of all the property in possession, and all the credits, and also all the debts
owing by any person to which the executor or administrator is entitled in that
character; and shall in like manner, within one year from the grant or within
such further time as the said Court may appoint, exhibit an account of the
estate, showing the assets which have come to his hands and the manner in which
they have been applied or disposed of.
(2) The High Court may prescribe the form
in which an inventory or account under this section is to be exhibited.
in which an inventory or account under this section is to be exhibited.
(3) If an executor or administrator, on
being required by the Court to exhibit an inventory or account under this
section, intentionally omits to comply with the requisition, he shall be deemed
to have committed an offence under section 176 of the Indian Penal Code (45 of
1860.).
being required by the Court to exhibit an inventory or account under this
section, intentionally omits to comply with the requisition, he shall be deemed
to have committed an offence under section 176 of the Indian Penal Code (45 of
1860.).
(4) The exhibition of an intentionally
false inventory or account under this section shall be deemed to be an offence
under section 193 of that Code.
false inventory or account under this section shall be deemed to be an offence
under section 193 of that Code.
3. Inventory to include property in any
part of India in certain cases – In all cases where a grant has been made of probate or
letters of administration intended to have effect throughout India, the
executor or administrator shall include in the inventory of the effects of the
deceased all his moveable and immoveable property situate in India, and the
value of such property situate in each state shall be separately stated in such
inventory, and the probate or letters of administration shall be chargeable
with a fee corresponding to the entire amount or value of the property affected
thereby wheresoever situate within India.
part of India in certain cases – In all cases where a grant has been made of probate or
letters of administration intended to have effect throughout India, the
executor or administrator shall include in the inventory of the effects of the
deceased all his moveable and immoveable property situate in India, and the
value of such property situate in each state shall be separately stated in such
inventory, and the probate or letters of administration shall be chargeable
with a fee corresponding to the entire amount or value of the property affected
thereby wheresoever situate within India.
4. As to property of, and debts owing to,
deceased – The
executor or administrator shall collect, with reasonable diligence, the
property of the deceased and the debts that were due to him at the time of his
death.
deceased – The
executor or administrator shall collect, with reasonable diligence, the
property of the deceased and the debts that were due to him at the time of his
death.
5. Expenses to be paid before all debts – Funeral expenses to a reasonable
amount, according to the degree and quality of the deceased, and death-bed
charges, including fees for medical attendance, and board and lodging for one
month previous to his death, shall be paid before all debts.
amount, according to the degree and quality of the deceased, and death-bed
charges, including fees for medical attendance, and board and lodging for one
month previous to his death, shall be paid before all debts.
6. Expenses to be paid next after such
expenses – The
expenses of obtaining probate or letters of administration, including the costs
incurred for or in respect of any judicial proceedings that may be necessary
for administering the estate, shall be paid next after the funeral expenses and
death-bed charges.
expenses – The
expenses of obtaining probate or letters of administration, including the costs
incurred for or in respect of any judicial proceedings that may be necessary
for administering the estate, shall be paid next after the funeral expenses and
death-bed charges.
7. Wages for certain services to be next
paid, and then other debts – Wages due for services rendered to the deceased within three
months next preceding his death by any labourer, artizan or domestic servant
shall next be paid, and then the other debts of the deceased according to their
respective priorities (if any).
paid, and then other debts – Wages due for services rendered to the deceased within three
months next preceding his death by any labourer, artizan or domestic servant
shall next be paid, and then the other debts of the deceased according to their
respective priorities (if any).
8. Save as aforesaid, all debts to be paid
equally and rateably – Save
as aforesaid, no creditor shall have a right of priority over another; but the
executor or administrator shall pay all such debts as he knows of, including
his own, equally and rateably as far as the assets of the deceased will extend.
equally and rateably – Save
as aforesaid, no creditor shall have a right of priority over another; but the
executor or administrator shall pay all such debts as he knows of, including
his own, equally and rateably as far as the assets of the deceased will extend.
9. Application of moveable property to
payment of debts where domicile not in India –
payment of debts where domicile not in India –
(1) If the domicile of the deceased was
not in India, the application of his moveable property to the payment of his
debts is to be regulated by the law of India.
not in India, the application of his moveable property to the payment of his
debts is to be regulated by the law of India.
(2) No creditor who has received payment
of a part of his debt by virtue of sub-section (1) shall be entitled to share
in the proceeds of the immoveable estate of the deceased unless he brings such
payment into account for the benefit of the other creditors.
of a part of his debt by virtue of sub-section (1) shall be entitled to share
in the proceeds of the immoveable estate of the deceased unless he brings such
payment into account for the benefit of the other creditors.
(3) This section shall not apply where the
deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person.
deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person.
10. Debts to be paid before legacies – Debts of every description must be
paid before any legacy.
paid before any legacy.
11. Executor or administrator not bound to
pay legacies without indemnity – If the estate of the deceased is subject to any contingent
liabilities, an executor or administrator is not bound to pay any legacy
without a sufficient indemnity to meet the liabilities whenever they may become
due.
pay legacies without indemnity – If the estate of the deceased is subject to any contingent
liabilities, an executor or administrator is not bound to pay any legacy
without a sufficient indemnity to meet the liabilities whenever they may become
due.
12. Abatement of general legacies – If the assets, after payment of
debts, necessary expenses and specific legacies, are not sufficient to pay all
the general legacies in full, the latter shall abate or be diminished in equal
proportions, and, in the absence of any direction to the contrary in the will,
the executor has no right to pay one legatee in preference to another, or to
retain any money on account of a legacy to himself or to any person for whom he
is a trustee.
debts, necessary expenses and specific legacies, are not sufficient to pay all
the general legacies in full, the latter shall abate or be diminished in equal
proportions, and, in the absence of any direction to the contrary in the will,
the executor has no right to pay one legatee in preference to another, or to
retain any money on account of a legacy to himself or to any person for whom he
is a trustee.
13. Non-abatement of specific legacy when
assets sufficient to pay debts – Where there is a specific legacy, and the assets are
sufficient for the payment of debts and necessary expenses, the thing specified
must be delivered to the legatee without any abatement.
assets sufficient to pay debts – Where there is a specific legacy, and the assets are
sufficient for the payment of debts and necessary expenses, the thing specified
must be delivered to the legatee without any abatement.
14. Right under demonstrative legacy when
assets sufficient to pay debts and necessary expenses – Where there is a demonstrative
legacy, and the assets are sufficient for the payment of debts and necessary
expenses, the legatee has a preferential claim for payment of his legacy out of
the fund from which the legacy is directed to be paid until such fund is
exhausted and if, after the fund is exhausted, part of the legacy still remains
unpaid, he is entitled to rank for the remainder against the general assets as
for a legacy of the amount of such unpaid remainder.
assets sufficient to pay debts and necessary expenses – Where there is a demonstrative
legacy, and the assets are sufficient for the payment of debts and necessary
expenses, the legatee has a preferential claim for payment of his legacy out of
the fund from which the legacy is directed to be paid until such fund is
exhausted and if, after the fund is exhausted, part of the legacy still remains
unpaid, he is entitled to rank for the remainder against the general assets as
for a legacy of the amount of such unpaid remainder.
15. Rateable abatement of specific
legacies – If the
assets are not sufficient to answer the debts and the specific legacies, an
abatement shall be made from the latter rateably in proportion to their
respective amounts.
legacies – If the
assets are not sufficient to answer the debts and the specific legacies, an
abatement shall be made from the latter rateably in proportion to their
respective amounts.
16. Legacies treated as general for
purpose of abatement – For
the purpose of abatement, a legacy for life, a sum appropriated by the will to
produce an annuity, and the value of an annuity when no sum has been
appropriated to produce it, shall be treated as general legacies.
purpose of abatement – For
the purpose of abatement, a legacy for life, a sum appropriated by the will to
produce an annuity, and the value of an annuity when no sum has been
appropriated to produce it, shall be treated as general legacies.
What is an Executor’s or Administrator’s
year?
year?
An Executor or an Administrator is not
bound to dispose of assets of the deceased until one year from the date of
death. This is so even if a testator desires that it should be paid earlier.
This provision in law gives time to the Executor or Administrator to act.
However, an Executor or Administrator can act within one year, but they cannot
be compelled to do so.
bound to dispose of assets of the deceased until one year from the date of
death. This is so even if a testator desires that it should be paid earlier.
This provision in law gives time to the Executor or Administrator to act.
However, an Executor or Administrator can act within one year, but they cannot
be compelled to do so.
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BN – 20122019