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However, it can also be granted in cases where the chain of representation is broken. Such would happen, for example, when the executor of a will has obtained probate, but then dies intestate. (Normally, if the executor dies testate, the representation passes to the executor of the first executor's estate upon probate of the latter's own will.
Upon the death of a person intestate, or of one who left a will without appointing executors, or when the executors appointed by the will cannot or will not act, the Probate Division of the High Court of Justice or the local District Probate Registry will appoint an administrator who performs similar duties to an executor. The court does this ...
This is an accepted version of this page This is the latest accepted revision, reviewed on 3 January 2025. Legal declaration where a person distributes property at death "Last Will" redirects here. For the film, see Last Will (film). This article possibly contains original research. Please improve it by verifying the claims made and adding inline citations. Statements consisting only of ...
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Letters of Administration are granted by a surrogate court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under intestacy rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will.
Mutual wills are rare, and often another form of constructive trust is imposed (See Healey v Browne [2002] 2 WTLR 849). It is also noted (see Carnwath J in Re Goodchild ibid ) that a mutual will is a technical legal device requiring an intention to form a binding agreement and that this often differs from the "loose moral obligation ...