protection of estates Flashcards

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1
Q

intermeddling
provision
define

who can deal with it? provision

A

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.

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2
Q

grants of representation - 3 types
one exceptional
capacity - provision

A
  • 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
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3
Q

types of limited grants
1= 6
1
1-2
1
1
1
1

A

s.54 - 5th schedule of LOSA

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4
Q

administration of estates without grant

A

s.79 - property vested on the PR when the grant is given- free property

s.82 - powers
s.83- duties

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5
Q

minor children

A

s.58 of LOSA - when filin a suit on the bahelf of the estate, must apply for the grant jointly with someone else

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