Supreme Court: Vacancies From Resignations under CUSAT Act Must Follow Communal Rotation  ||  Supreme Court: Forest Land Cannot Be Leased or Used For Agriculture Without Centre’s Approval  ||  Supreme Court: Gravity of Offence and Accused’s Role Must Guide Suspension of Sentence under CrPC  ||  Supreme Court: Arbitral Awards Cannot be Set Aside For Mere Legal Errors or Misreading of Evidence  ||  SC Acknowledges Child Trafficking as a Grave Reality and Issues Guidelines to Assess Victim Evidence  ||  Allahabad HC: When Parties Extend an Agreement by Conduct, The Arbitration Clause Extends Too  ||  Supreme Court: Issues of Party Capacity and Maintainability Must Be Decided by Arbitral Tribunal  ||  Supreme Court: Omissions in Chief Examination Can Be Rectified During Cross-Examination  ||  Supreme Court: Items Given by Accused to Police Are Not Section 27 Recoveries under Evidence Act  ||  Gujarat High Court: Waqf Institutions Must Pay Court Fees When Filing Disputes in State Tribunal    

Jones Vs.Toomer - (24 Jun 2021)

The appointment of an interim administrator will only be made if there is sufficient reason to do so

Civil

In present matter, an application is made on behalf of the first and second Plaintiffs seeking an order appointing them as the joint administrators of the estate of the late Mary Cunningham-Reid pursuant to the Administration Act, 1903 (WA). The appointment is intended to be an interim one, pending the determination of present proceeding.

Section 35 of the Administration Act provides that, the Court may, pending any proceedings touching the validity of any will, or for obtaining, recalling, or revoking any probate or administration, appoint an administrator of the personal estate and the receiver of the real estate of any deceased person, at such remuneration and with such full or limited powers as the court may think fit. As observed by Master Sanderson in Vallelonga vs. Sorgiovanni, the appointment of an interim administrator in circumstances such as this is referred to as a grant of administration pendente lite - that is, pending suit. Such appointment will only be made if there is sufficient reason to do so. The learned Master further observed that the appointment of an interim or limited administrator ought be made having regard to whether the appointment is in the interests of justice and in the best interests of all parties connected with the estate.

The estate is a modest one. The Plaintiffs reside in Western Australia. The first and second Plaintiffs are familiar with the estate. The stance taken by the second Defendant, who is represented in the proceeding, weighs in the balance of the appointment of the first and second Plaintiffs as interim administrators. The second Defendant does not oppose the appointment in circumstances where the first and second Plaintiffs have given an undertaking in terms required by the second Defendant. With appropriate limitations of power and the undertaking proffered, present Court is satisfied that the appointment of the first and second Plaintiffs will not adversely affect the estate. There is sufficient reason to appoint an interim administrator, and that it is appropriate that the first and second Plaintiffs be so appointed.

Tags : INTERIM ADMINISTRATOR   APPOINTMENT   ENTITLEMENT  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved