Succession Act 1965 section 21

Executor not to act while administration is in force

Section 21 prevents an executor from taking any action in respect of a deceased person's estate while a grant of administration covering that estate remains in effect.

• Where a grant of administration has been made over all or part of a deceased person's estate, no executor may act in respect of the estate covered by that grant.
• The restriction applies to bringing legal actions as well as any other acts carried out in the capacity of executor.
• The executor's powers remain suspended for as long as the grant of administration is in force.
• The executor may only resume acting once the grant of administration has been recalled, revoked, or has expired.