Q&As

If the deceased died intestate and a claim was commenced prior to letters of administration, should a new conditional fee agreement (CFA) be entered into?

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Published on LexisPSL on 23/02/2018

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

  • If the deceased died intestate and a claim was commenced prior to letters of administration, should a new conditional fee agreement (CFA) be entered into?
  • Authority of administrator
  • Right of the administrator to sue
  • Conditional fee agreement

Authority of administrator

We refer you to Practice Note: Executor's and administrator's authority prior to the grant which explains the authority of administrators prior to receipt of the grant of administration'>letters of administration.

You will see from this Practice Note that the office of administrator derives entirely from the grant of administration and the deceased’s property does not vest in the administrator until the grant. This is distinct from the office of executor, which derives from the deceased’s Will, with the grant of probate merely confirming the executor’s authority to act.

The deceased’s property vests in the executor from the date of death whereas in an intestacy, the deceased’s property does not vest in the administrator until the grant is issued. From the date of death until the grant of administration, the deceased’s prop

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