Succession Act 1965 section 32

Administration during minority of executor

Section 32 deals with what happens when a person named as sole executor in a will is under the age of twenty-one (a minor), and how the estate is managed until they come of age.

• If the sole executor named in a will is a minor, they cannot act as executor until they reach twenty-one years of age.
• In the meantime, the High Court will grant administration of the estate (with the will annexed) to the minor's guardian or another suitable person.
• Once the minor turns twenty-one, they may apply for and obtain a grant of probate or letters of administration with the will annexed in their own right.
• Until probate is actually granted to the minor, they have no legal interest in the deceased's property and do not have the status of a personal representative.

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