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  • FIRST POST
    • rosieglo
    • By rosieglo 4th Jan 18, 10:18 AM
    • 8Posts
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    rosieglo
    Liability of administrator...what happens when they themselves die?
    • #1
    • 4th Jan 18, 10:18 AM
    Liability of administrator...what happens when they themselves die? 4th Jan 18 at 10:18 AM
    Hello
    Can anyone advise what happens to the liability of an administrator of an intestate estate on their death?
    the pertinent facts are:
    • the intestate estate was incorrectly distributed (in error no fraud involved) over 12 years ago
    • the said administrator benefited as one of the next of kin.
    • The deceased administrators estate has since been settled (over 4 years ago)
    • The other administrator (and beneficiery) of the original estate is still alive
    • There has been a delayed claim on the intestate estate (over the 12 year period of limitation). The claimants seem to think that they can by pass the limitation...not sure why though.

    If they could by pass the limitation, my question is...is there any liability on the executors of the deceased administrators estate as it has long been settled? Also would their liability be the same as the remaining living administrator?

    PS It would appear that had the claim been made in a timely manner it would have been successful.


    Thank you in advance.
Page 1
    • getmore4less
    • By getmore4less 4th Jan 18, 10:25 AM
    • 32,192 Posts
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    getmore4less
    • #2
    • 4th Jan 18, 10:25 AM
    • #2
    • 4th Jan 18, 10:25 AM
    First read up on "executor chain of representation"
    • Yorkshireman99
    • By Yorkshireman99 4th Jan 18, 12:18 PM
    • 4,270 Posts
    • 3,486 Thanks
    Yorkshireman99
    • #3
    • 4th Jan 18, 12:18 PM
    • #3
    • 4th Jan 18, 12:18 PM
    First read up on "executor chain of representation"
    Originally posted by getmore4less
    All very well but not particularly helpful to the OP. Much more informatoion is needed for a detailed answer. The administrators both need separate urgent professional advice. In most cases the limitation period is 12 years.
    Last edited by Yorkshireman99; 04-01-2018 at 1:03 PM.
    • getmore4less
    • By getmore4less 4th Jan 18, 12:58 PM
    • 32,192 Posts
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    getmore4less
    • #4
    • 4th Jan 18, 12:58 PM
    • #4
    • 4th Jan 18, 12:58 PM
    Researching executor chain will give them the answer to one of the main questions as the 2 key pieces of information were provided and is very relevant when an administrator dies.

    by reading the research themselves they will be able to decide if any information not proved is relevant and avoids anyone here making wrong assumptions.
    • rosieglo
    • By rosieglo 4th Jan 18, 2:18 PM
    • 8 Posts
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    rosieglo
    • #5
    • 4th Jan 18, 2:18 PM
    • #5
    • 4th Jan 18, 2:18 PM
    Hello
    I have read about the chain of representation...
    The deceased administrator of the original intestate estate did leave a will.
    The will stipulated two executors who were amongst the beneficeries. I can see that they now form the chain of representation for the original intestate estate..

    There is however the issue of timeliness. Over 12 years before claiming. ..The claimants knew of the death of the intestate person and also of the now deceased adminstrator (attending his funeral). So maybe lache rules apply?




    The claimants are citing that their claim is based upon the fact that the intestate estate was held in trust for distribution, hence they can side step the issue of time limitation.

    This does not seem to make sense as arent all intestate estates legally held in trust? If their aguement holds water then why have a time limit for claiming?

    Thanks in advance.
    • rosieglo
    • By rosieglo 4th Jan 18, 2:30 PM
    • 8 Posts
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    rosieglo
    • #6
    • 4th Jan 18, 2:30 PM
    • #6
    • 4th Jan 18, 2:30 PM
    Oh one thing I was unsure about when researching the chain of representation was the continuing liability of the surviving administrator of the intestate estate....Are they now more liable than the executors of the deceased administrator?
    • getmore4less
    • By getmore4less 4th Jan 18, 8:55 PM
    • 32,192 Posts
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    getmore4less
    • #7
    • 4th Jan 18, 8:55 PM
    • #7
    • 4th Jan 18, 8:55 PM
    I think you missed a main point of chains they only happen when the last administrator dies.

    You said there was a living administrator of the intestate estate
    • rosieglo
    • By rosieglo 5th Jan 18, 8:58 AM
    • 8 Posts
    • 0 Thanks
    rosieglo
    • #8
    • 5th Jan 18, 8:58 AM
    • #8
    • 5th Jan 18, 8:58 AM
    So that would mean that the sole living administrator for the intestate estate is now the only person that the claimants can pursue?
    • Yorkshireman99
    • By Yorkshireman99 5th Jan 18, 9:36 AM
    • 4,270 Posts
    • 3,486 Thanks
    Yorkshireman99
    • #9
    • 5th Jan 18, 9:36 AM
    • #9
    • 5th Jan 18, 9:36 AM
    So that would mean that the sole living administrator for the intestate estate is now the only person that the claimants can pursue?
    Originally posted by rosieglo
    The beneficiasries can also, in theory, be pursued for the money but as has been said ater tweleve years the claimants have little or no chance of succeeding. By the way the fact that it was an intestate estate makes no difference as the same applies if there is a will.
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