ADMINISTRATION OF ESTATES ACT - 1961 (ACT 63)

Section - 79 - Discretion of courts as to persons to whom administrationis to be granted

(1) Subject to the provisions of this section the selection of a personal representative is within the discretion of the court.

(2) In granting administration the Court shall have regard to the right of all persons interested in the estate, and in particular, administration with the will annexed may be granted to a devisee or legatee and the administration may be limited in any way the Court thinks fit. [As Substituted by Administration of Estates (Amendment) Law, 1985 (PNDCL 113) s. 5].

(3) The court may

(i) where the deceased died wholly intestate, grant administration to some one or more persons interested in the residuary estate of the deceased, if they make an application for the purpose;

(ii) if by reason of the insolvency of the estate of the deceased or of any other special circumstances, it appears to the court to be necessary or expedient to appoint as administrator some person other than the person who, but for this provision, would by law have been entitled to the grant of administration, notwithstanding anything in this Act, appoint as administrator such person as it thinks expedient, and any administration granted under this provision may be limited in any way the court thinks fit.

(4) Where it appears to the court that an estate vested in the successor of the deceased under customary law is being duly dealt with, the court may refuse to grant an application for administration not made by or with the concurrence of the successor.