Administration of Estates Act 1925

10 Discretion of court as to persons to whom administration is to be granted

In granting letters of administration the court shall have regard to the rights of all persons interested in the real and personal estate of the deceased person, or the proceeds of sale thereof, and in particular administration, with the will annexed, may be granted to a devisee or legatee; and in regard to land settled previously to the death of the deceased, and not by his will, administration may be granted to the trustees of the settlement; and any such administration may be limited in any way the court thinks fit:

Provided that, where the deceased died wholly intestate as to his real and personal estate, administration shall—

(a) unless by reason of the insolvency of the estate or other special circumstances the court thinks it expedient to grant administration to some other person, be granted to some one or more of the persons interested under this Act in the residuary estate of the deceased, if an application is made for the purpose;

(b) in regard to land settled previously to the death of the deceased, be granted to the trustees, if any, of the settlement if willing to act.