Powers of the Executor and Administrator
The Executor and the Administrator of an estate have basically the same powers.
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The key difference lies in the source of their respective powers. The executor/ executix derives their power by virtue of being appointed in the will of the deceased. Therefore upon the death of the testator, the executor can enter into the estate and take steps to secure the assets on behalf of the beneficiaries. The executor can also conduct litigation on behalf of the estate. This does not vitiate the need for obtaining a grant of probate since the executor cannot distribute the estate prior to obtaining a grant. Also certain assets are inaccessible without a grant of representation. For example a bank account that was in the sole name of the deceased. Assets are to distributed by the executor in accordance with the terms of the will and there are legal mechanisms through which the beneficiaries can hold the executor accountable for their actions. An executor is also required not to intermeddle in the estate i.e. not to use the assets of the deceased for personal gain.
On the other hand the adminstrator/administratrix obtains their power by virtue of obtaining a grant of letters of administration or letters of administration with will annexed. It is only upon obtaining this grant that the Administrator has any power given that the estate vests in the Administrator General until the grant is issued. As is common knowledge, the administrator must then distribute the assets of the deceased in accordance with the rules of intestacy since there was no will. An administrator cannot conduct litigation on behalf of an estate before obtaining the grant unless an application is made for them designated as the legal personal representative of the deceased for the purpose of conducting litigation.🔹
Disclaimer: This article is written for informational purposes only and should not be construed as legal advice or as giving rise to an attorney-client relationship.
