When someone dies Intestate – without leaving a Will – surviving family members have to decide on who should apply to Court to be appointed Administrator of the estate of the deceased. Usually, priority is given to the widow or/and the children of the deceased if he was married.

These are legally taken to have greater interest in the estate as they are also beneficiaries.

However, the above notwithstanding, the law also requires that those chosen must have certain personal attributes that makes them suitable to be Administrators.

In a recent decided case, the Court of Appeal gave some guidelines on the characteristics of the Administrator to be appointed.

“In our opinion, Courts have the responsibility to assess the suitability of a Personal Representative appointed to administer the estate of a deceased person,” the Judges stated.

“Some key factors to consider include trustworthiness, good standing, integrity, honesty, and accountability of a person chosen as Personal Representative,” the three Judges said.

The availability of the person to discharge and oversee the functions of the office of Administrator should also be taken into account.

“These considerations should exist independently of the legal qualifications for one to be appointed as Administrator of the estate,” the Judges guided.

The Court also indicated that the law also require for the Administrators to provide some guarantees or a form of bond so that they can be held accountable for their actions as Administrators.

The Court further guided that the rationale for considering person attributes of an intending Administrator also applies to the estates left without a Will.

“The Court must ensure that an applicant, upon being granted letters of administration, has the ability to carry out the functions of that office prudently, diligently, effectively and efficiently,” the Judge said, adding that being a surviving spouse only is not good enough.

Read the case of Zimba and Another V Zimba – Appeal No. 43 of 2023.

To avoid all this, you can write a Will and Last Testament where you appoint an Executor whom you trust to be the one to take charge of your affairs when you die.

Just write a Will!