An application for the renewal of a grant of Letters of Administration by Ndabakwatsa Mackline (Miscellaneous Application 275 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that a grant of letters of administration issued on 11th April 2022, prior to the Succession Act amendment coming into force on 22nd May 2022, remained valid for three years from the date of issuance under the transitional provisions of Section 341(2). The grant would not expire until 11th April 2025. The application for renewal was therefore premature and dismissed.
Outcome
Application dismissed as premature
Facts
Ndabakwatsa Mackline was granted letters of administration for the estate of the late Ndabakwatsa John on 11th April 2022. She filed accounts on 6th December 2022 and 7th May 2024. On 28th May 2024, she was denied access to the deceased's Stanbic Bank account containing monthly pension deposits because the bank considered the grant expired. She then applied to court for renewal of the grant.
Issues
- Whether a grant of letters of administration issued on 11th April 2022 had expired by 28th May 2024, thereby requiring renewal under Section 341(4) of the Succession Act as amended.
Orders
- Application dismissed.
- No order as to costs.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.