After being satisfied that the applicants are the proper people to apply for letters of administration, that
all the facts given in the report of death are true and that there are no other claimants to the estate,
the relevant authorities will issue a letter of no objection. This letter has the following effects:
Everything that the person owned at the time of his/her death becomes part of the estate.
The personal representatives of the deceased duly appointed by the court keep the estate in
trust.
Once a letter of no objection has been issued, an application can be filed in court requesting a letter
of administration. The application is advertised in newspapers to alert the general public about the
applicants’ request to administer the estate. If anyone raises any objections, the court hears them
and decides whether to accept the objections or to issue letters of administration. Once letters of
administration are issued, the people managing the deceased’s estate must report on the estate in six
months’ time.
Under the following conditions, the Administrator General or relevant authority, may manage the
deceased’s estate:
When he/she is named in the will
When the deceased person does not appoint a representative
When the person named as executor in the will dies before the testator
When the deceased’s representatives are not in agreement as to whom should administrate the
estate
When nobody has applied for probate or letters of administration within two months from the
date of the death of the deceased.
When the Administrator General sees that the executor is mismanaging the estate.
The beneficiaries when there is no will
The following people automatically inherit the deceased’s property when there is no will:
Husband or wife: There must be a legally recognised marriage at the time of death.
Children of the deceased: These include legitimate (children born within the marriage),
illegitimate (children born outside the marriage) and adopted children.
Dependant relatives: These are relatives who completely depend on the deceased person for
their survival.
Customary heir: This depends on the local customs applicable to the dead by the people in a
particular area.
Legal heir: This must be a living relative of the intestate person who usually takes over when
there is no customary heir.
The distribution of the estate when there is no will is subject to legal processes applicable in a particular
country.
Guide to Mobilising and Strengthening Community-Led Care for Orphans and Vulnerable Children Appendix 2, Further Infomation^359