protection of estates Flashcards
intermeddling
provision
define
who can deal with it? provision
s.45 - dealing with free property of a deceased person without authorization.
offense
public trustees = s.46 deal with intermeddling issues through the report. make further inquiries through (s.6 of public trustee act)
s.8 - public trustee act = <20,000 no need to make an application
s.8 = also states that 5,000 less means that = issue a certificate of summary admninistration ont he appication of any person to whom probate or letters of administration may be granted.
grants of representation - 3 types
one exceptional
capacity - provision
- s.53 - grant of probate = will
-s.53 - grant of letters of administration - with will annexed but not executor or died.
-grant of simple adminsitration - the order is s.66 on priority - s.6(2) public trustee- grant for public trustee
types of limited grants
1= 6
1
1-2
1
1
1
1
s.54 - 5th schedule of LOSA
administration of estates without grant
s.79 - property vested on the PR when the grant is given- free property
s.82 - powers
s.83- duties
minor children
s.58 of LOSA - when filin a suit on the bahelf of the estate, must apply for the grant jointly with someone else