Legal Opinion

EXTENSION OF LETTERS OF ADMINISTRATION – A LEGAL WRITE UP

1. BACKGROUND
The Succession (Amendment) Act, 2022, now integrated into the Succession Act, Cap 268, introduced a significant change under Section 337(2) providing that grants of probate and letters of administration expire after a prescribed period. Specifically, grants issued to individuals before 31st May 2022 expired on 31st May 2025, while those issued to the Administrator General remain valid for five years, expiring on 31st May 2027.

This change has created uncertainty among administrators, beneficiaries, and third parties (including financial institutions) regarding their standing and authority over estate property.

2. LEGAL EFFECT
This means:
➢ The administrator’s/executors legal mandate to manage the estate ceased;
➢ Any continued dealings with the estate without renewal or fresh appointment may constitute intermeddling, contrary to Section 265 of the Succession Act;
➢ Third parties such as banks, land registries, and courts must recognize only valid or renewed grants for estate transactions.

3. AVAILABLE REMEDIES
Holders of expired grants may consider the following options:

➢ Renewal of Grant: For expired grants, an administrator may apply to court for renewal under Section 337(5), showing justification that the estate remains unfinished and renewal serves beneficiaries’ best interests.

➢ Fresh Grant: Where renewal is impractical or the circumstances of the estate have substantially changed, the applicant may apply de novo for a new grant, citing the expiry of the former.
Courts are more inclined to allow a fresh grant as a practical solution to ensure continuity in estate administration.

4. CONCLUSION
It is our opinion that holders of expired probate or letters of administration must apply either for renewal or for a fresh grant before engaging in any further dealings with the estate. Failure to do so renders any such dealings legally void and may attract liability under Section 265 for intermeddling.

5. OUR SERVICES
Amandla Advocates is available to assist clients and institutions in:
❖ Assessing the status of existing probate and administration grants;
❖ Preparing and filing applications for renewal or fresh grants;
❖ Representing administrators in court proceedings related to expired grants;
❖ Advising financial institutions, beneficiaries, and families on lawful estate transactions; and
❖ Conducting compliance reviews for estates affected by the recent amendments.