← belizelaw.ai · Administration Of Estates, Cap. 197 · PART IV — Executors and Administrators

Discretion of court as to persons to whom administration is to be granted

Cap. 197, s. 15 · Revised Edition 2020

In granting administration the court shall have regard to the rights of all persons interested in the estate of the deceased person, or the proceeds of sale thereof, and, in particular, administration with the will annexed may be granted to a devisee or legatee, and in regard to land settled previously to the death of the deceased and not by his will, may be granted to the trustees of the settlement and any such administration may be limited in any way the court thinks fit, provided that, (a) where the deceased died wholly intestate as to his estate, administration shall be granted to some one or more persons interested in the residuary estate of the deceased if they make an application for the purpose, and as regards lands settled previously to the death of the deceased, be granted to the trustees, if any, of the settlement, if they are willing to act; and (b) if, by reason of the insolvency of the estate of the deceased or of any other special circumstances, it appears to the court to be necessary or expedient to appoint as administrator some person other than the person who, but for this provision, would by law have been entitled to the grant of administration, the court may in its discretion, 20 Administration of Estates Act notwithstanding anything in this Act, appoint as administrator such person as it thinks expedient, and any administration granted under this provision may be limited in any way the court thinks fit.
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Discretion of court as to persons to whom administration is to be granted — Cap. 197 s. 15 · Belize Law