section 117 application

091october

Registered User
Messages
24
Would appreciate any advice regarding whether it is possible for an executor/ administrator of an estate to make a section 117 claim against the estate?
 
S117 is essentially where a child of the deceased feels they have not been adequately provided for in the share out from the will. As such its taken by the 'child' or on their behalf. Its not the executors role as such. Unfortunately, the cost of s117 proceedings can be brone by the estate. Hope that helps.
 
There's nothing stopping an executor who is also a child form making such a claim except it would conflict with their role as executor.

They would need to renounce their role as executor, if necessary with leave of the probate court if they have already intermeddled in the estate. Another executor or personal representative would have to act for the estate and apply for a grant if necessary.