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Archiver > GEN-MEDIEVAL > 2001-04 > 0987169054


From: A Channing <>
Subject: Re: Tomlinson, Elizabeth: Estate of
Date: Fri, 13 Apr 2001 09:37:34 -0400


My understanding is that where there are no Executors (either because they
are not named in the Will, or decline to act or are barred from acting),
anybody can apply for letters of Administration, but the court will
normally only grant letters to someone who has an interest in the Estate,
it is not uncommon for a creditor to be granted letters.

BTW Until a few years ago a trust, required at least two trustees to deal
in land. I am fairly certain that the same would have applied to an
estate, ie at least two executors/administrators required - but I don't
know when this rule was introduced.

Adrian
(Chartered Accountant and Chartered Tax Advisor)


Nat Taylor wrote
>
Ken should understand the difference between an executor (chosen by a
testator) and an administrator (granted administration of an estate by a
probate court). Executors, like beneficiaries, can be freely chosen
(within certain limits) in a will. Paul Reed has clearly discussed how
and why courts choose administrators, and the implication for Edward
Bagley's parentage.

Nat Taylor
<

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