Succession Act, 1925
Succession Act, 1925 — Section 233: Right to administration of representative of deceased residuary legatee
233. Right to administration of representative of deceased residuary legatee. When a residuary legatee who has a beneficial interest survives the testator, but dies before the estate has been fully administered, his representative has the same right to administration with the will annexed as such residuary legatee. 234. Grant of administration where no executor nor residuary legatee nor representative of such legatee. When there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration may be granted to him or them accordingly. 235. Citation before grant of administration to legatee other than universal or residuary. Letters of administration with the will annexed shall not be granted to any legatee other than an universal or a residuary legatee, until a citation has been issued and published in the manner hereinafter mentioned, calling on the next- of- kin to accept or refuse letters of administration.
This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.
