s.114 Supreme Court Act 1981


#1

My client is a widow who wishes to administer her late husband’s estate. The deceased died intestate leaving a widow and 2 children (17 and 21) from a previous relationship (not a marriage). The previous relationship ended some time ago and the deceased had very little contact with his children. The size of the estate means that it is likely that there will be a relatively small minority interest. The spouse wishes to apply to be sole administrator although s114 requires two, I understand that it is possible to apply to do this but as I haven’t done this before, I am not clear of the grounds on which the Court will consider allowing this. Can anyone advise/point me in the direction of a resource?

Justine Alford
Burningham & Brown Solicitors


(Richard Whitaker) #2

Tristram and Coote’s Probate Practice, paras 7.09 (DISPENSING WITH SECOND ADMINISTRATOR) onwards has some useful guidance.

Richard Whitaker
LexisNexis


(mullenky) #3

Just a thought - is it feasible to delay the application until the younger
child has his/her next birthday [or dies] when any minority would cease?
Kevin Mullen