PART VPROBATE CAUSES AND MATTERS

Powers of court in relation to personal representatives

114Number of personal representatives

(1)Probate or administration shall not be granted by the High Court to more than four persons in respect of the same part of the estate of a deceased person.

(2)Where under a will or intestacy any beneficiary is a minor or a life interest arises, any grant of administration by the High Court shall be made either to a trust corporation (with or without an individual) or to not less than two individuals, unless it appears to the court to be expedient in all the circumstances to appoint an individual as sole administrator.

(3)For the purpose of determining whether a minority or life interest arises in any particular case, the court may act on such evidence as may be prescribed.

(4)If at any time during the minority of a beneficiary or the subsistence of a life interest under a will or intestacy there is only one personal representative (not being a trust corporation), the High Court may, on the application of any person interested or the guardian or receiver of any such person, and in accordance with probate rules, appoint one or more additional personal representatives to act while the minority or life interest subsists and until the estate is fully administered.

(5)An appointment of an additional personal representative under subsection (4) to act with an executor shall not have the effect of including him in any chain of representation.