administration action



administration action defined in 1939 year

administration action - Administration Action;
administration action - English legal term for an action brought in the Chancery Division to administer the estate of a deceased person. Such an action may be begun by anyone interested in the estate, whether as a trustee, executor, administrator, legatee, heir, or creditor. Commonly it is called putting the estate into Chancery. An action of this kind is generally brought by beneficiaries who think the trustees or executors are wasting the assets or have been guilty of misconduct; or by creditors who desire to have the estate wound up with the protection of the court.

When the estate does not exceed £500 in value, the action may be brought in the county court, and estates under £1,000, where the persons entitled to the property are of small means, may be administered by the Public Trustee. Instead of ordering administration the court may order the application to stand over for a time to enable the executors or administrators to produce proper accounts.

When an administration order is made, the executor or administrator must obtain permission from the court before dealing with the assets. The court will order the accounts to be prepared and inquiries made. Where an executor or administrator is shown to owe money to the estate, he may be ordered to pay it into court, under penalty of imprisonment up to one year if he fails.

In general, the costs are in the discretion of the court. Where, however, an executor or administrator or trustee has not been guilty of any misconduct he will be entitled to have his costs paid out of the estate.

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