Powers and Duties

Powers and Duties of the Administrator

The following Powers and Duties of the Administrator shall apply and form an integral part of this WILL.

Who Can Become the Administrator

The court grants letters of administration to the person it considers fit. The grant is discretionary, so the court will not issue letters where there are no assets or debts to administer.
Where there is a will but no executor is available, letters with the will annexed are granted.
If the only executor or only residuary legatee is a minor, the legal guardian or another person the court thinks fit can get the letters until the minor grows up.
The attorney or agent of an absent executor or absent heir can get letters until the absent person takes out the grant himself.
Letters cannot be granted to a minor, a person of unsound mind, or an association of individuals. A registered company that meets the conditions is allowed.
In general, persons who would inherit under the law, such as the spouse and close relatives, are preferred.

An executor is named in the will, and the property vests in him from the date of death.
An administrator gets his authority only from the court, through the grant of letters of administration.
Until the grant, no heir or beneficiary can deal with the assets of a person who died without a will.
General powers are the same: suing and recovering debts, disposing of property, spending on care and management, assent to legacies, the one-year period, refunds from legatees, and distribution after notice.
An administrator with the will annexed must carry out the will exactly as the testator wrote it.
Some administrators have limited powers because the grant itself is limited. For example, an administrator during a pending suit cannot distribute the estate.
Both are trustees for the persons interested in the estate, and both are limited to the Administrator-General's rate of commission.

The administrator has the same power as the deceased to sue on claims that survive the deceased, and to recover debts.
Claims that do not survive the deceased, such as personal claims, cannot be filed by him, as in the case of an executor.
Claims against the estate are met through the administrator, who represents the estate.
If an executor or administrator has been absent from the state for 12 months, a person can be appointed to be made a party to a suit against him and to carry the decree into effect.
If heirs refuse to take a grant just to escape liability for a deceased defendant's wrongs, the person with the claim can have an administrator appointed to continue the case.

In the ordinary case, the administrator can dispose of the property, wholly or in part, as he thinks fit, without court permission.
If the will has restricted this power (administration with the will annexed), the court's written order is needed. A sale made without that order, where required, is voidable.
He cannot sell while two wills are being claimed by rival parties and the matter has gone to a suit, unless specifically authorised.
An administrator during a pending suit acts under the immediate control and direction of the court.
He cannot distribute the estate during a pending suit on the will. Part distribution and payment on account are also not allowed.

The administrator is a trustee for the persons interested in the estate.
He must make good any loss caused by misusing the estate or by not collecting the property.
The bond with sureties is the security that the estate and those interested will be made good if he fails in his duty.
Whether the bond can be waived is a matter for the court.

The administrator's right to deal with the estate begins only when the grant is made.
Until then, no heir or beneficiary can deal with the assets of a person who died without a will.
In urgent cases, the court can grant letters limited to collecting and preserving the property and giving discharges for debts due to the estate. The administrator then acts only as the court directs.
An executor is different: his power comes from the will and the property vests in him from the date of death.

File a full and true inventory of property, credits and debts owing in the court that granted the letters, within six months of the grant or such further time as the court allows.
Render a true account within one year of the grant.
Perform the funeral at reasonable cost.
Collect the property and debts of the deceased.
Give the notices the High Court prescribes before distributing.
Pay the debts in the order of priority.

Letters of administration: granted when the person died without a will, or without an executor. If a will is found later, the grant can be revoked.
Letters of administration with the will annexed: granted when there is a will but no executor can act. The administrator must carry out the will exactly as written.
Persons who can act under letters with the will annexed include the guardian of a minor executor or residuary legatee, the attorney of an absent executor, or a person authorised by a society under the will.
Succession certificate: used to collect the debts and securities of the deceased. It does not give the full powers of an administrator. When it is superseded, the holder must hand it back to the court.
Who can act: the person to whom the court grants the letters or the certificate. A minor, a person of unsound mind or an association of individuals cannot get letters.

The grant can be revoked for just cause. The holder must then hand the grant back to the court when it asks for it.
Grounds for revocation: the letters were obtained by fraud or by hiding something; an untrue statement of an essential fact (for example, hiding other legal heirs in the petition); a grant taken as if the person died without a will, but a will was found later; or the grant has become useless or cannot be used.
Honest acts, payments and receipts made before the revocation remain valid, and lawful expenses can be kept or reimbursed.
For misconduct, he must make good any loss from misusing the estate or neglecting to collect property.
He is personally liable for the costs of frivolous litigation and cannot charge the estate for costs the court orders him to pay.
He is a trustee, and his commission is limited to the Administrator-General's rate.

For a particular period: during the minority of the sole executor or sole residuary legatee, until he grows up; until an absent executor or heir takes out the grant himself; or until a lost will or its authenticated copy is produced.
For particular property: to collect and preserve the property and give discharges for debts due to the estate; or for the rest of a will when part is excluded (caeterorum grant).
For a particular suit: to conduct a pending suit for the deceased until the final decree is made and carried out, or to carry into effect a decree in a suit against an executor or administrator who has been absent from the state for 12 months.
For a particular purpose: the purpose stated in the will.
During a pending suit on the validity of a will or on obtaining or revoking a grant: an administrator pendente lite, who has all the powers of a general administrator except distribution and acts under the control of the court.
For unadministered property: an administrator de bonis non is appointed where the executor dies without finishing and no representative remains. A cessate grant is made when a limited grant ends while part of the estate is still unadministered.