In relation of the law of succession, explain the following: (i) Doctrine of survivorship (ii) Administrator cum testamento annexo (iii) Administrator pendente lite

In relation of the law of succession, explain the following:
(i) Doctrine of survivorship
(ii) Administrator cum testamento annexo
(iii) Administrator pendente lite

ANSWER
(i) Doctrine of survivorship

  • This doctrine is to the effect that where two or more persons die in circumstances rendering it uncertain as to which of them survived the other (s) the death is presumed to have occurred in the order of seniority and accordingly, the younger survives the elder.
  • In the case of spouses they are presumed to have died at the same time.

(ii) Administrator cum testamento annexo:

  • This is a person appointed by the court to administer a deceased’s estate in accordance with the will as though he were an executor.
  • The appointment is made on application if the testators will does not appoint an executor, or if the appointment fails to take effect.
  • The person appointed administers the estate as per the will.

(iii) Administrator pendente lite

This is an administrator appointed by the court to safeguard the testators estate while legal proceedings concerning the validity of the will are pending in court.

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