Question Tag: Letters of Administration

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POB-LAW-AND-PRACTICE – APRIL 2023 – L3 – Q2 – Personal Representatives and Deceased Customer Accounts

Scenario involving a deceased customer who died intestate, where the sister withdrew funds using a next of kin letter, and later the son and siblings present Letters of Administration claiming the balance, questions on personal representatives, legal documents for testate and intestate cases, and bank's position.

Later Jacob Mends, Mary Mintah’s son has come together with three other siblings brandishing Letters of Administration in your face claiming that the balance should be paid to them.

(a) Who is a personal representative of a deceased customer?

(b) When a customer dies testate having appointed an Executor, what legal document would the Executor have to obtain that gives the Executor authority to administer the deceased state?

(c) In the case of (b) what if the deceased Testator failed to appoint an Executor, what legal document would the relevant persons have to obtain from the court that gives them the authority to administer the state of the deceased.

(d) Discuss the above scenario stating the bank’s position.

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POB-LAW-AND-PRACTICE – APRIL 2023 – L3 – Q2 – Personal Representatives and Deceased Customer Accounts

Scenario involving a deceased customer who died intestate, where the sister withdrew funds using a next of kin letter, and later the son and siblings present Letters of Administration claiming the balance; questions on personal representatives, legal documents for testate and intestate cases, and bank's position.

Later Jacob Mends, Mary Mintah’s son has come together with three other siblings brandishing Letters of Administration in your face claiming that the balance should be paid to them.

(a) Who is a personal representative of a deceased customer?

(b) When a customer dies testate having appointed an Executor, what legal document would the Executor have to obtain that gives the Executor authority to administer the deceased state?

(c) In the case of (b) what if the deceased Testaator failed to appoint an Executor, what legal document would the relevant persons have to obtain from the court that gives them the authority to administer the state of the deceased.

(d) Discuss the above scenario stating the bank’s position.

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POB-LAW-AND-PRACTICE-APRIL-2024-L3-Q3 – Joint Account Operations After Death of Co-Holder

Advise the bank on handling a joint account after one holder's death, where the survivor requests transfer, followed by family demands for estate purposes.

Jacob Osei and Bernard Mensah operate a joint account with you. The mandate on the account is either to sign. Jacob is frequently out of the country so most of the time it is Bernard Mensah who has been coming to the bank personally to make payments into the account. On a few occasions Jacob has remitted funds into the account from abroad. You have just received notice that Jacob has passed away.

Bernard who has an individual personal account with you has sent you instructions to transfer the balance from the joint account into his personal account since as he says he is the “sole survivor” to the account. Two days after you have complied with the instructions, five of the elderly family members of the Osei family are before you to request for the balance on the account to enable them to apply for Letters of Administration for the management of Jacob Osei ‘s estate.

Advise the bank.

[Total: 20 marks]

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BL – May 2012 – L1 – SA – Q19 – Company Law

Identify the document required to manage the estate of a deceased person who died intestate.

In order to manage the properties of a deceased person who died intestate, the personal representatives should apply for:

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BL – May 2023 – L1 – SB – Q6D – Agency Law

Identify the order of priority for persons applying for letters of administration under intestacy law.

Intestacy law relates to persons who die intestate. Required: State SIX persons that can apply for letters of administration of the estate of a person who dies intestate in their order of priority under the law of intestacy.

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BL – May 2024 – L1 – SB – Q1c – Law of Contract

Explain two situations that warrant the need to apply for letters of administration.

The persons that desire to manage the estate of a deceased person may need to apply for letters of administration.
Required:
Explain TWO situations that could warrant the need to apply for letters of administration. (6 Marks)

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BL – MAY 2016 – L1 – SA – Q20 – Law of Trusts

This question pertains to identifying who is granted Letters of Administration by the Probate Division of a High Court.

The persons who are granted Letters of Administration by the Probate Division of a High Court are called
A. Executors
B. Executioners
C. Trustees
D. Administrators/Administratrix
E. Sheriffs of Court

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POB-LAW-AND-PRACTICE – APRIL 2023 – L3 – Q2 – Personal Representatives and Deceased Customer Accounts

Scenario involving a deceased customer who died intestate, where the sister withdrew funds using a next of kin letter, and later the son and siblings present Letters of Administration claiming the balance, questions on personal representatives, legal documents for testate and intestate cases, and bank's position.

Later Jacob Mends, Mary Mintah’s son has come together with three other siblings brandishing Letters of Administration in your face claiming that the balance should be paid to them.

(a) Who is a personal representative of a deceased customer?

(b) When a customer dies testate having appointed an Executor, what legal document would the Executor have to obtain that gives the Executor authority to administer the deceased state?

(c) In the case of (b) what if the deceased Testator failed to appoint an Executor, what legal document would the relevant persons have to obtain from the court that gives them the authority to administer the state of the deceased.

(d) Discuss the above scenario stating the bank’s position.

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POB-LAW-AND-PRACTICE – APRIL 2023 – L3 – Q2 – Personal Representatives and Deceased Customer Accounts

Scenario involving a deceased customer who died intestate, where the sister withdrew funds using a next of kin letter, and later the son and siblings present Letters of Administration claiming the balance; questions on personal representatives, legal documents for testate and intestate cases, and bank's position.

Later Jacob Mends, Mary Mintah’s son has come together with three other siblings brandishing Letters of Administration in your face claiming that the balance should be paid to them.

(a) Who is a personal representative of a deceased customer?

(b) When a customer dies testate having appointed an Executor, what legal document would the Executor have to obtain that gives the Executor authority to administer the deceased state?

(c) In the case of (b) what if the deceased Testaator failed to appoint an Executor, what legal document would the relevant persons have to obtain from the court that gives them the authority to administer the state of the deceased.

(d) Discuss the above scenario stating the bank’s position.

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POB-LAW-AND-PRACTICE-APRIL-2024-L3-Q3 – Joint Account Operations After Death of Co-Holder

Advise the bank on handling a joint account after one holder's death, where the survivor requests transfer, followed by family demands for estate purposes.

Jacob Osei and Bernard Mensah operate a joint account with you. The mandate on the account is either to sign. Jacob is frequently out of the country so most of the time it is Bernard Mensah who has been coming to the bank personally to make payments into the account. On a few occasions Jacob has remitted funds into the account from abroad. You have just received notice that Jacob has passed away.

Bernard who has an individual personal account with you has sent you instructions to transfer the balance from the joint account into his personal account since as he says he is the “sole survivor” to the account. Two days after you have complied with the instructions, five of the elderly family members of the Osei family are before you to request for the balance on the account to enable them to apply for Letters of Administration for the management of Jacob Osei ‘s estate.

Advise the bank.

[Total: 20 marks]

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BL – May 2012 – L1 – SA – Q19 – Company Law

Identify the document required to manage the estate of a deceased person who died intestate.

In order to manage the properties of a deceased person who died intestate, the personal representatives should apply for:

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BL – May 2023 – L1 – SB – Q6D – Agency Law

Identify the order of priority for persons applying for letters of administration under intestacy law.

Intestacy law relates to persons who die intestate. Required: State SIX persons that can apply for letters of administration of the estate of a person who dies intestate in their order of priority under the law of intestacy.

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BL – May 2024 – L1 – SB – Q1c – Law of Contract

Explain two situations that warrant the need to apply for letters of administration.

The persons that desire to manage the estate of a deceased person may need to apply for letters of administration.
Required:
Explain TWO situations that could warrant the need to apply for letters of administration. (6 Marks)

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BL – MAY 2016 – L1 – SA – Q20 – Law of Trusts

This question pertains to identifying who is granted Letters of Administration by the Probate Division of a High Court.

The persons who are granted Letters of Administration by the Probate Division of a High Court are called
A. Executors
B. Executioners
C. Trustees
D. Administrators/Administratrix
E. Sheriffs of Court

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