Letter Of Administration

To ma’am Khoula Siddiqui.

Subject:- Islamic Personal Law II.

z
Prepared by:

Hyder Ali as Coordinator (BL-1094)

Afreen Chandio as Researcher (BL-1105)

Marium Imdad as Researcher (BL- 1035)

Saifullah Ruk as Writer (BL-1064)

Athar Maqsood as Writer (BL-1045)

 z
Introduction.

If any person died intestate and left the immoveable property behind
him/her then his/her legal heirs can file for the grant of Letter of
Administration in the competent court of law which is either District Judge
of High Court under section 278 of the Succession Act 1925.

Court grants the Letter of Administration on executing the bond and

submitting the surety in the name of petitioner who get mutated the said
property in the name of legal heirs.

 
 z

In the Petition for Letter of Administration all particulars are stating the time and place of the
deceased death, family and other relatives, their respective residences, the right in which the
petitioner claim, amount and assets with two witnesses who verify about the legal heirs of deceased.

OR

The letters of Administration are court certificates, that are proofs that you have the legal authority
to settle the final affairs of somebody who died without a will.

For instance , if somebody in a family died without a will and they own a bank account or life
insurance policy that didn’t have a beneficiary designation then you need letter of administration to
collect those funds. It is basically a proof to the bank or any other institution the court has reviewed
the situation or reviewed the family tree, and made a ruling that you’re the one who has the legal
authority to collect those funds and for this purpose you need to get the letter of administration.
 Deference
z between latter of administration
and succession certificate

 Succession Certificate

 In the absence of a will, if there is no survivor amongst the account

holders and a no nomination had been done by the holder(s) earlier, a
Succession Certificate is to be the primary document through which
the heirs can stake a claim to the assets of a deceased relative.  A
succession certificate, under the Indian Succession Act, is a document
that gives authority to the person who obtains it, to represent the
deceased for the purpose of collecting debts and securities due to him
or payable in his name.
 z

Letter of Administration

Letter of Administration is issued by a competent authority (court) and appoints

the Administrator to dispose of the property of a person. It is required when:

Testator has failed to appoint an executor under a Will OR Where the executor
appointed under a Will refuses to act  ORWhere executor has died before or
after proving the Will but before administration of the estate.A Letter of
Administration can be granted after 14 clear days from the date of death of an
intestate.
z
Effects Of Letters Of Administration.

 Letters of administration entitle the administrator to all rights as if the

administration had been granted at the moment after death. It means
generally, distribution of estate or execution of Will is responsibility of
executor, but administrator is appointed latter. 

 Late appointment of administrator makes no difference and considered

as appointed soon after death.
To whom
z letter of administration is
granted?

 Following are the persons who may obtain letter of administration:

 1.      Entitled: One who is entitled according to the rules applicable in

case of such deceased. This entitlement may either cover whole estate or
part of estate.

 2.      Several applicants: Where more than one entitled person apply for

the grant of administration, court shall exercise discretionary powers.
Court shall grant administration to any person to whom court thinks fit.

 3.      Creditor: Where neither appointment is made nor any person has

applied for appointment, court grants letter of administration to creditor
of the deceased.
To whom administration may not be
z
granted?

 Following are the persons, either natural or artificial who are not competent for the grant of letter of
administration:

 1.      Minor: Since minor is not competent to contract, therefore he is not entertained for administration.

 2.      Unsound: Just like minor, person of unsound mind is also debarred for the purpose of grant of
administration. He cannot understand the requirement of administration.

 Taken from slide no 55 administration and succession 

 Probate: It is a certified copy of Will under the seal of a court of competent jurisdiction with a grant of
administration to the estate of the testator. 

 Validity of acts of administrator: Intermediate acts of administrator do not render them validate which
tend damage the estate of such deceased person died without leaving Will.

 Subject of probate: Executor appointed by Will is competent to obtain certified copy of Will with a grant
of administration to the estate of testator.
 z
Probate.
 Probate is the legal process whereby will is proved in a court and
accepted as a valid public document that is a true last testament of
the deceased.

 The granting of probate is the first step in the legal process of

administering estate of a deceased person, resolving all claims and
distributing the deceased persons property under will.

 A probate courts decided the legal persons will and grants its
approval also known as granting probate to the executor.

 The probated will then becomes the legal instrument that maybe
enforced by the executor if necessary in the law courts. A probate
also officially appoints the executor or personal representative
generally named in the will as having legal power to dispose of the
teststors will.
 MCQS

1. Which court can grant letter of administration?

2.
z
Why is an executor appointed?

3. What does the word “Probate” mean?

4. Who are the legal heirs of a deceased?

5. How does the court verify a legal valid heir of deceased property?

6. What is a limited grant?

7. When was succession act developed?

8. Is succession act 1925 applicable in Pakistan?

9. How long should it take to obtain the Succession certificate from the court?

10. Is succession certificate necessary as I am the only child of my deceased parents?

11. For movable property we need to obtain succession certificate, for immovable property what should we need?

12. Under what law we file suit for declaration in Pakistan?

13. Where the Application has to be made?

14. What does “intestate” mean?

15. What is a Legal Personal Representative?

16. What if the Will is discovered later?

17. Who are the prioritising administrators for a state?

18. In what situation letter of administration is not required?

19. How long does it take to probate or letter of administration?