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PP Probate Administration > Chapter 2 - Administration of Estate - Personal Representatives > Flashcards

Chapter 2 - Administration of Estate - Personal Representatives Flashcards

1
Q

ADMINISTRATION OF ESTATE - PERSONAL REPRESENTATIVES

Overview

A

1) Executors
2) Administrators
3) Rights of personal representative
3) Duties of personal representative
4) Powers of personal representative

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2
Q

EXECUTORS

Overview

A

1) General
2) Minor executors
3) Cessation of an executor’s right
4) Death of an executor
5) Removal of an executor
6) Chain of executorship

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3
Q

EXECUTORS

General

A

S.3 PAA

  • probate may be granted to an executor appointed by a will;
  • appointment may be expressed or implied;
  • several executors: may be granted to all simultaneously or at different times, subject to S.4
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4
Q

EXECUTORS

Minor executors

A

S.20 PAA

  • no representation shall be granted to a person while he is a minor;
  • instead, LA with or without will annexed may be granted to the guardian.
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5
Q

EXECUTORS

Cessation of an executor’s rights

A

S.7 PAA - right cease when the executor:

  • survives the testator but dies w/o having taken out probate;
  • is cited to take out the probate but does not appear to the citation;
  • renounces the probate of the will.
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6
Q

EXECUTORS

Death of the executor

A

S.14 PAA

  • more than 1 executors: estate accrues to surviving executors
  • only 1 executor: LA will be granted for estate not fully administered, guided by the rules in original grants
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7
Q

EXECUTORS

Removal of executors

A

Rachael Mei Ling Ong & Anor v Dato’ Bruno Henry:

  • when it is obvious that the parties seem to unable to work together for the benefit of the estate & beneficiaries, they may apply to remove the executor.
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8
Q

EXECUTORS

Chain of executorship

  • The law
A

1) S.12(1) PAA:
- an executor of a sole or last surviving executor of a testator is the executor of that testator.
2) S.16 PAA
- before a grant of administration de bonis non with the will annexed can be made, it must be established that there is no chain of executorship.

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9
Q

EXECUTORS

Chain of executorship

  • The case
A

Ramanathan S/O AR A Nachiappan:

  • grant of LA de bonis non with the will annexed without the break in the chain of executorship is wrong in law.
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10
Q

ADMINISTRATORS

Overview

A

1) Circumstances administrators may be appointed
2) Rights of administrators
3) Death of administrators
4) Types of LA

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11
Q

ADMINISTRATORS

Circumstances administrators may be appointed

A

1) There is will but no proven executor - S.16 PAA
2) There is no will - S.30 PAA
3) To preserve the integrity of the estate - S.19 PAA

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12
Q

ADMINISTRATORS

Rights of administrators

A

S.31 PAA

  • Same rights & liabilities as if he were the executor of the deceased.
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13
Q

ADMINISTRATORS

Death of administrators

A

S.14 PAA

  • Administration may be granted in respect of estate not fully administered.
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14
Q

ADMINISTRATORS

Type of LA

A

1) LA with will annexed

  • no proven executors;
  • executor is of unsound mind;
  • executor is a minor;
  • executor is absent;

2) LA de bonis non
- executor or administrator died before he completed the administration of the estate;
3) LA pendente lite
- to preserve integrity of the estate pending ongoing litigation.

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15
Q

RIGHTS OF PERSONAL REPRESENTATIVES

Overview

A

1) Apply for grant

2) To sue or be sued

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16
Q

RIGHTS OF PERSONAL REPRESENTATIVES

Apply for grant

A

S.3 PAA

  • PR has the rights to apply for grant of representation
17
Q

RIGHTS OF PERSONAL REPRESENTATIVES

To sue or be sued

A

S.59 PAA

  • PR have the rights to sue in respect of all the cause of action that survived the deceased.
18
Q

DUTIES OF PERSONAL REPRESENTATIVE

Overview - CPD

A

1) Collect;
2) Pay debts;
3) Distribute

19
Q

DUTIES OF PERSONAL REPRESENTATIVE

Collect

A
  • PR has the duties to ascertain the assets & liabilities & make inventories out of it.
20
Q

DUTIES OF PERSONAL REPRESENTATIVE

Pay debts

A

S.67(1) PAA:

  • PR must enquire into & pay debts and liabilities of the deceased from the estate.
21
Q

DUTIES OF PERSONAL REPRESENTATIVE

Distribute

A

1) General - Ex P Yong Khai Min:

  • Administrator has the duty to pay the debts;
  • The residue is to be distributed to the beneficiaries;
  • guardian holding a property for an infant is a trustee under implied trust;
  • guardian must obtain leave before investing the property of the infant.

2) Infant - Re Lua Kin Sua:
- courts are more careful when there are infant beneficiaries involved.

22
Q

POWERS OF PERSONAL REPRESENTATIVE

Overview

A

1) Dispose property

2) Sign contract

23
Q

POWERS OF PERSONAL REPRESENTATIVE TO DISPOSE PROPERTY

Overview

A

1) The law
2) Exercise of discretion
3) Higher offer
4) Protection of beneficiaries interest
5) Buying the property of the beneficiaries

24
Q

POWERS OF PERSONAL REPRESENTATIVE TO DISPOSE PROPERTY

The law

A

S.60 PAA

1) The law:

  • No sale, transfer, conveyance without the concurrence of all the personal representatives;
  • PR may dispose of all or any property vested in him if he does so with an order of the Court.

2) The effect:
- The disposal of property by a personal representative in contravention of S.60 is voidable at the instance of any other person interested in the property.

25
Q

POWERS OF PERSONAL REPRESENTATIVE TO DISPOSE PROPERTY

Exercise of discretion

A

Yap Loke Luan v Ong Wee Tok

  • court look at facts & circumstances of the cases;
  • court must ensure that price is reasonable not at the time of the offer; but at the date of hearing.
26
Q

POWERS OF PERSONAL REPRESENTATIVE TO DISPOSE PROPERTY

Higher offer

A

1) Re Estate of Tunku Mohd Jewa

  • higher offer from the objector is allowed;
  • she has showed genuine interest, willingness & ability to purchase with a view to retain her late father’s wishes.

2) cf. Tan Hock Khoon v Phua Siew Lang:

  • higher offer by the D is not allowed as there was no evidence of genuine buyer;
  • this is so especially the affairs of the estate have been unadministered for a very long time.
27
Q

POWERS OF PERSONAL REPRESENTATIVE TO DISPOSE PROPERTY

Protection of beneficiaries interest

A

1) Tan Hock Khoon v Phua Siew Lang:
- no requirement in law for all the beneficiaries to give consent for the sale of the estate.
2) Lim Kiang Kee & Anor v Goh Bee Hwa Mahei:
- court must protect the right of the beneficiaries as opposed to the interest of the purchasers.

28
Q

POWERS OF PERSONAL REPRESENTATIVE TO DISPOSE PROPERTY

Buying the property of the deceased

A

1) The law:
- PR is not allowed to purchase deceased’s property.
2) The effect - S.61 PAA
- the sale is voidable at the instance of any other person interested in the property sold.

29
Q

POWERS OF PERSONAL REPRESENTATIVE TO SIGN A CONTRACT

Overview

A

1) The law
2) Requirements of leave
3) Effect of conditional agreements

30
Q

POWERS OF PERSONAL REPRESENTATIVE TO SIGN A CONTRACT

The law

A

S.71 PAA

  • Subject to section 60; every contract entered into by a PR is binding on & enforceable against;
  • It can be carried into effect or be varied or rescinded by him;
  • In the case of a contract entered into by a predecessor, it can be carried as if it had been entered into by himself.
31
Q

POWERS OF PERSONAL REPRESENTATIVE TO SIGN A CONTRACT

Requirements of leave

A

Yap Loke Luan v Ong Wee Tok

  • Purchasers can enter into SPA with administrators to buy land subject to leave by the Court;
  • Court may grant leave taking into account the beneficiaries’ interest.
32
Q

POWERS OF PERSONAL REPRESENTATIVE TO SIGN A CONTRACT

Effect of conditional agreements

A

1) General - Re Estate of Tunku Mohd Jewa:
- Administrators are not bound by conditional agreements until leave of court is obtained.
2) Deposit paid - Lim Kiang Kee & Anor v Goh Bee Hwa Mahei:
- Although purchaser had paid deposit, conditional contract remain unenforceable until leave of court is obtained.

PP Probate Administration (14 decks)

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