No grant of probate or administration pending dispute over validity of an informal will
Application for the appointment of an interim administrator pending grant of probate or administration
Quick Take
1Under Administration Act 1903 (WA) s 35, the court need not find necessity to appoint an administrator pendente lite; it suffices that there is 'sufficient reason' for the appointment, assessed by reference to the interests of justice and the best interests of all parties connected with the estate.
2As a general rule, a party to the probate dispute ought not be appointed as administrator pendente lite; an independent person unconnected with the litigation is the most suitable appointee, though appointment of a party is not precluded where it would not adversely affect the estate.
3The powers conferred on an administrator pendente lite are not prescribed and will vary according to the circumstances; where there is no agreement to sell estate assets and the extent of the deceased's interest in property is contested, the court may withhold an express power of sale and instead grant liberty to apply for directions.
