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Encyclopedia Britannica - Main :: ADA-AIZ |
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ADMINISTRATION (Lat. administrare, to serve) , the performance or management of affairs, a term
Letters of Administration.Upon the death of a person intestate or leaving a will to which no executors are appointed, or when the executors appointed by the will cannot or will not act, the Probate Division of the High Court is obliged to appoint an administrator
administrator
heir to the exclusion of the next of kin. In the absence of any heir or next of kin the crown is entitled to the personality as bona vacantia, and to the reality by escheat. If a creditor claims and obtains a grant he is compelled by the court to enter into a bond with two sureties that he will not prefer his own debt to those of other creditors. The more important cases of grants of special
Administration cum testamento annexo, where the deceased has left a will but has appointed no executor to it, or the executor appointed has died or refuses to act. In this case the court will make the grant to the person (usually the residuary legatee) with the largest beneficial interest
Administration de bonis non administratis: this occurs in two cases(a) where the executor dies intestate after probate with-out having completely administered the estate; (b) where an administrator dies. In the first case the principle of administration cum testamento is followed, in the second that of general grants in the selection of the person to whom letters are granted. Administration 'durante minore aetate, when the executor or the person entitled to the general grant is under age. Administration durante absentia, when the executor or administrator is out of the jurisdiction for more than a year.Administration pendente lite, where there is a dispute as to the person entitled to probate or a general grant of letters the court appoints an administrator till the question has been decided. End of Article: ADMINISTRATION (Lat. administrare, to serve) If you wish, you can link directly to this article.
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