Difference between revisions of "Making and Executing a Will (16:III)"

An Administrator is appointed by the court to administer the estate of a person who dies intestate (without a will). Section 130 of WESA provides the order of priority among applicants for administration of an intestate estate. An Administrator cannot act until the court grants Letters of Administration. An “administration with will annexed” may be granted where there is a will, but the Executor named in the will cannot or will not act (e.g. due to refusal to act, incapacity, or death of the Executor). The order of priority for administration with will annexed is provided in section 131 of ''WESA''. The Administrator’s legal capacity to act starts from the date of the granting of the Letters of Administration.