NSW executor, died,before,testator.

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Mardon

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30 December 2020
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Executor died before the testator. can two administrators be appointed with on living in the UK?
 

Tim W

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If the executor dies before the testator, then the executor never took office.

Why two?
 

Mardon

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30 December 2020
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Two beneficiaries live in UK: one is somewhat recalcitrant and requires the other UK resident to be an administrator.
other beneficiaries in Australia are not particularly against this but, would this be legal in NSW? They are all family.
 

Tim W

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Doesn't much matter what any one beneficiary might "require".

The main real-life argument against what you're asking about is
that it can be really inefficient to have an Administrator who is outside the jurisdiction.
It's also very hard to bring an effective action against a misbehaving remote Administrator.

Why can't a locally resident relative apply for Letters of Administration With The Will Attached?
It's easier than opposing an application by a would-be administrator who is outside the jurisdiction.
 

Mardon

Member
30 December 2020
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Thank you for your incisive response; very helpful but, is there any legality to stop the UK person
being an administrator.
The penultimate line in your reply appears to be the best option.
 

Tim W

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Well, yes.
You would oppose an application on the basis that the person is outside the jurisdiction, on which basis, it is impossible to bring an action against them if they are delinquent.