- 20 Marks
Question
a. State the differences between an executor and an administrator as personal representatives of a deceased.
b. How may a will be revoked.
Answer
a. Executors and administrators are both personal representatives handling a deceased’s estate, but differ as follows:
| Aspect | Executor | Administrator |
|---|---|---|
| Appointment | Named in the deceased’s will; derives authority from the will upon probate. | Appointed by the court via letters of administration when no will or no executor. |
| Authority Start | Immediate upon death, but limited until probate; can act provisionally. | Starts only after court grants letters of administration. |
| Eligibility | Chosen by testator; can be anyone trusted, e.g., family or lawyer. | Court appoints based on intestacy rules (PNDCL 111), prioritizing next-of-kin. |
| Accountability | Accountable to beneficiaries under the will; subject to probate court oversight. | Accountable to court and heirs under intestacy laws. |
| Banking Implications | Can access deceased’s accounts faster with will; banks like Stanbic require probate. | Delays in account access; banks freeze until letters issued, as per BoG guidelines. |
In practice, during the 2017-2019 cleanup, banks faced delays with administrators in insolvent estates.
b. A will may be revoked in the following ways under the Wills Act, 1971 (Act 360):
- By Execution of a Subsequent Will or Codicil: A new will expressly revoking the old one, or inconsistent provisions impliedly revoke.
- By Destruction with Intent: Burning, tearing, or otherwise destroying the will by the testator or under their direction, with intent to revoke (animus revocandi).
- By Marriage: Automatic revocation upon marriage, unless made in contemplation of that marriage.
- By Divorce: Not automatic in Ghana, but may affect provisions; testator can revoke post-divorce.
In banking, revocation impacts estate planning advice; e.g., at Ecobank Ghana, customers are advised to update wills post-life events to avoid disputes under PNDCL 111.
- Topic: Succession (Testate and Intestate)
- Series: APRIL 2016
- Uploader: Samuel Duah