Personal Representstives

Question 1

Who are personal representatives?

Answer 1

Administrators or executors

Question 2

What are the modes of appointment of executors?

Answer 2

• Express appointment
• appointment by operation of law
• appointment by court
• Appointment by delegation
• appointment by implication

Question 3

What are the exceptions to the non -remuneration of personal representatives

Answer 3

• Charging clause is contained in the will
• The rule in Cradock v. Piper
• where the court makes on order

Question 4

What are the accounts to be filed by a personal representative?

Answer 4

• vouchers in the hands of the personal representative relating to the administration
• Inventory of assets of the estate
• Accounts of administration
• Affidavit verifying the facts

Question 5

Accounts should be filed by personal representatives every ……. In Lagos under……. And in Abuja, it should be filed …….. under …….

Answer 5

Accounts should be filed by personal representatives every 12 months In Lagos under Order 61 And in Abuja, it should be filed whenever the representative is called upon to do so under order 62

Question 6

In Lagos the penalty for not filing accounts is ……. Under ……. And in Abuja, the penalty is ……. Under ……

Answer 6

In Lagos the penalty for not filing accounts is a fine of 100,000 or imprisonment of not more than 6 months Under order 61 And in Abuja, the penalty is a fine not less than 1000 and imprisonment not exceeding six months Under order 62

Question 7

what case provide that an executor should be renumerated for out-of-pocket expenses

Answer 7

Cradock v. Piper

Question 8

What is an executors year?

Answer 8

It is the time within which a personal representative is not bound to distribute an estate - it lasts for one year from the grant of probate