Answer

Any person interested in the estate may issue proceedings for administration by the court. The applicant may be, inter alia, a personal representative, beneficiary or creditor. Application would be to the Chancery Division of the High Court under s 61 of the Supreme Court Act 1981. There must be a duly constituted personal representative before the court would consider taking the administration. The reason is that there must be a defendant to the proceedings. This person cannot be an executor de son tort because his duty is not to administer the estate, merely to account for what he has received.