Where the validity of a will or a person’s right to administer an estate is challenged, the estate can be left in a state of uncertainty pending resolution of the dispute. In such circumstances, the appointment of an Administrator Pendente Lite (“APL”), literally, an “administrator pending litigation” is often timely and appropriate.
Role of APL
An APL is a court-appointed officer tasked with administering the estate pending the determination of a probate action. His appointment is interim in nature and is intended solely to preserve and manage the estate in the best interests of the beneficiaries pending the determination of the probate action. [1]
An APL has the rights and powers of a general administrator, subject to the statutory limitation that he is not empowered to distribute the estate.[2] An APL may, as a personal representative of the estate:
As an officer of the court, the APL may also apply to the court for further directions as necessary in the course of the administration.[6]
Appointing an APL
The appointment of an APL is governed by section 19 of the Probate and Administration Act 1959 (“PAA 1959”):
“Pending any probate action, letters of administration may be granted to such person as the Court may appoint, limited so that the administrator shall not be empowered to distribute the estate, and shall be subject to such control by, and direction of, the Court, as the Court deems fit; and subject to that limitation the administrator so appointed shall have all the rights and powers of a general administrator.”
An APL is not appointed as a matter of course. As held by the Court of Appeal in Tan Boon Thien & Anor v Tan Poh Lee & Ors (No. 2)[7] the court must be satisfied that there are some necessities and some proper object for making the appointment. This threshold is typically met where there are active litigation and real animosity between the parties in connection with the impugned will, or where there is a genuine need to preserve the estate’s assets.
Who can be appointed as APL?
In practice, the parties may agree between themselves on a suitable neutral person to be appointed as APL. The appointment itself, however, remains a matter within the Court’s discretion.
Ordinarily, a person who is an executor of a disputed will, a beneficiary, a person interested in the assets of the estate, or a litigant in the probate action would not be appointed as APL. This is to ensure that the APL remains neutral and acts impartially pending the resolution of the dispute.[8]
Remuneration of APL
The remuneration of an APL is governed by Order 72 rule 20 of the Rules of Court 2012. The APL is required to produce at the Registry an account, verified by affidavit, of all monies and property received, paid, or otherwise dealt with in the course of the administration. That account is examined by the Registrar, who may give directions for the taxation of the APL’s costs.
Duration of the Appointment of APL
An APL’s authority to act for the estate exists only from the date of the grant. In Jigarlal Kantilal Doshi v Amanah Raya Bhd[9], the Court of Appeal held that a subsequent grant of administration pendente lite cannot retrospectively validate acts done in respect of the estate before the grant was made.
The role of an APL comes to an end where the underlying probate dispute is resolved – whether by the will being proved and a grant of probate being issued, or by the will being set aside and letters of administration granted in its place. In either case, the APL ceases to act, and the estate passes into the hands of the executor or administrator, as the case may be.
Conclusion
The appointment of an APL is an important mechanism for safeguarding an estate while disputes concerning its administration are being resolved. While the appointment is temporary in nature and the APL’s powers are necessarily limited, the role of APL is important and serves a critical purpose in ensuring that the estate is properly preserved, managed and protected pending the final determination of the probate action.
For any enquiries, please contact the author, Partner Medha Ong (oat@lh-ag.com), or any member of Lee Hishammuddin Allen & Gledhill’s Succession, Trusts, Estate Planning & Private Wealth (STEP) Practice, namely Partners Andrew Chiew Ean Vooi (ac@lh-ag.com), Bella Chu Chai Yee (cy@lh-ag.com), Chng Keng Lung (ckl@lh-ag.com), or Chris Toh Pei Roo (tpr@lh-ag.com).
Learn more about our partners who specialize in this area