Administration Proceedings

Administration Action

An administration action is an action against a personal representative obliging him to administer the estate in accordance with law.  The action may be taken by any person having an interest such as a beneficiary, creditor, next of kin etc.  The procedure proceeds by way of special summons in the High Court.

A spouse has a legal right share.  In certain circumstances, the spousal may appropriate the dwelling house.  In such case proceedings may be issued, requiring the termination of any issue affecting the rights of others.

S.117 Applications

A child of the deceased may apply to the court under Section 117 of the Succession Act for an order that the deceased has failed in his moral duty to make proper provision for that child in accordance with his means whether by will or otherwise.  The proceedings are issued against the personal representative.  A personal representative may settle proceedings provided the applicants are of full age and capacity.

Unknown Beneficiaries

A petition of inquiry may be issued to ascertain unknown or unascertained beneficiaries.  This may arise where there are no close relatives.  The courts are likely to direct searches be made by way of advertisements in appropriate places.  Once all relevant investigations have been made and no beneficiaries can be located an application may be made for an order presuming that the beneficiaries are dead, not having been heard from for more than seven years.

Procedures

An application may be made to the court by way of a special summons procedure on a range of issues relevant to the administration of estates.  These include

• the determination of rights and interests of parties and a direction to the executor or administrator to do or refrain from doing a particular act.
• approving any proposed transaction, determination of any question arising in the course of administration of the estate.
• determining any question of interpretation.
• application affecting payment of money in the court or disposition of those funds.

The procedure is by way of an affidavit.  The Master of the High Court may deal with certain categories of cases.  Otherwise, he must transfer them to the judges’ list for the determination of the judge.

Administration action may require that accounts be taken.  In the High Court, the order may require that account be taken in the examiner’s office.  At circuit court level the equivalent accounts are to be taken under the direction of the County Registrar by the County Registrar under the direction of the court.

Circuit Court

The Circuit Court has jurisdiction in relation to a range of probate matters.  This includes

• actions for the grant of representation to an estate,
• proceedings for the administration of an estate,
• applications by spouses to appropriate the dwelling house,
• applications by children under Section 117 of the Succession Act.

Applications are set aside, transfers of property seeking to avoid the rights of spouses or children. The relevant Circuit Court jurisdiction area is that in which the deceased resided ordinarily at the date of death.

Circuit Court Procedures

There are three forms of procedure; equity civil bill, testamentary civil bill and succession civil bill. An equity civil bill is appropriate for administration action requiring or directing the personal representative to administer the estate in accordance with civil law.

Testamentary civil bill is required for a probate action.  A succession civil bill arises in relation to an issue to be determined under the succession act, such as issues affecting spouses legal right share, children claim under Section 117 of the Succession Act.

The procedures in the circuit court are slightly less protracted than the High Court procedures.  In a probate action commenced under a testamentary civil bill affidavit of scripts must be filed in the same way as in a High Court case.  Equivalent procedures to those above apply.

A defendant may oppose for the purpose of requiring proof of the will in solemn form as opposed to through the probate office. An administration action follows a broadly similar procedure to that in the High Court.