Any views on whether a s.27 TA notice made by a prospective administrator which is both published and expires before the grant of letters of administration would be valid?
s.27 states that “the…personal representatives may give notice” and, by s.68, PRs include an “administrator for the time being”.
A prospective administrator is not a PR. Am I being pedantic even for a trust lawyer?
My view is that, as an administrator’s authority arises from the letters of administration, he/she has no authority to place a s27 notice until the grant. Therefore, a pre-grant notice would be of no effect for the purpose of protection.
“Personal representative” is defined by s55(1)(xi) AEA 1925 as including an “administrator for the time being of a deceased person”; “Administrator” is defined in s55(1) as “a person to whom administration is granted”. s68(1)(9) TA 1925 defines “Personal representative” as including “the…administrator for the time being of a deceased person”. The TA does not define administrator, but I expect the AEA definition will apply.
I am not sure if a notice placed before grant, but expiring after, would be effective. Probably not, as it is unlikely to have run for the 2 month + period after the letters of administration had been granted.
It is an issue where an intestate’s estate can be administered without a grant, but presumably the person administering without a grant cannot be sued in the capacity of administrator by a creditor until a grant is issued. Could be sued as beneficiary though. Might still be worth placing in an attempt to flush out creditors.
Berry & Lamberts LLP