Q&As

Can a person who is going through bankruptcy act as an administrator for the estate of a deceased person?

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Published on LexisPSL on 13/05/2021

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can a person who is going through bankruptcy act as an administrator for the estate of a deceased person?

Can a person who is going through bankruptcy act as an administrator for the estate of a deceased person?

For guidance on the definition of an administrator and executor, see Practice Note: Definition of a personal representative.

We refer you to Commentary: Capacity to act: Tolley's Administration of Estates [A1.4], which sets out:

‘A person who is bankrupt at the date of death or who has been bankrupt in the past can be appointed an executor. Similarly, subsequent bankruptcy does not prevent a duly appointed executor from continuing to act. In practice there are, of course, good reasons why a bankrupt should not act as executor since his disability may create difficulties for the estate. For instance, if land is involved and a third party institutes a bankruptcy search against the executors,

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