Administrator (law)

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In law an administrator (or administratrix for women) can be:

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Administrator or admin may refer to:

<span class="mw-page-title-main">Privity of contract</span> Legal Principle

The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon anyone who is not a party to that contract. It is related to, but distinct from, the doctrine of consideration, according to which a promise is legally enforceable only if valid consideration has been provided for it, and a plaintiff is legally entitled to enforce such a promise only if they are a promisee from whom the consideration has moved.

An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used.

<span class="mw-page-title-main">Specific performance</span> Equitable remedy in contract law

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court.

<span class="mw-page-title-main">Probate</span> Proving of a will

In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.

Reed v. Reed, 404 U.S. 71 (1971), was a landmark decision of the Supreme Court of the United States holding that the administrators of estates cannot be named in a way that discriminates between sexes. In Reed v. Reed the Supreme Court ruled for the first time that the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibited differential treatment based on sex.

<span class="mw-page-title-main">James Reid, Baron Reid</span> Scottish Unionist politician and judge (1890–1975)

James Scott Cumberland Reid, Baron Reid, was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century.

<span class="mw-page-title-main">Personal representative</span> Person appointed by a court to administer the estate of another

In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal representative is either an executor if the deceased person left a will or an administrator of an intestate estate. In other situations, the personal representative may be a guardian or trustee, or other position. As a fiduciary, a personal representative has the duties of loyalty, candor or honesty, and good faith. In the United States, punctilio of honor, or the highest standard of honor, is the level of scrupulousness that a fiduciary must abide by.

<span class="mw-page-title-main">Letters of Administration</span>

Letters of Administration are granted by a surrogate court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under intestacy rules or where there are no executors living having been validly appointed under the deceased's will. Traditionally, letters of administration granted to a representative of a testator's estate are called "letters of administration with the will annexed" or "letters of administration cum testamento annexo" or "c.t.a.".

<span class="mw-page-title-main">Administrator of an estate</span>

The administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral expenses, and distribute the remainder according to the procedure set down by law. Such a person is known as the administrator of the estate and will enjoy similar powers to those of an executor under a will.

<i>Beswick v Beswick</i>

Beswick v Beswick[1967] UKHL 2, [1968] AC 58 was a landmark English contract law case on privity of contract and specific performance. The Lords, overruling the decision of Lord Denning in the Court of Appeal, ruled that a person who was not party to a contract had no independent standing to sue to enforce it, even if the contract was clearly intended for their benefit.

<span class="mw-page-title-main">Administration (probate law)</span> Administration of an estate on death

In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will.

As a legal concept, administration is a procedure under the insolvency laws of a number of common law jurisdictions, similar to bankruptcy in the United States. It functions as a rescue mechanism for insolvent entities and allows them to carry on running their business. The process – in the United Kingdom colloquially called being "under administration" – is an alternative to liquidation or may be a precursor to it. Administration is commenced by an administration order.

<i>Tweddle v Atkinson</i> Landmark English legal case about privity

Tweddle v Atkinson[1861] EWHC J57 (QB), (1861) 1 B&S 393 is an English contract law case concerning the principle of privity of contract and consideration. Its panel of appeal judges reinforced that the doctrine of privity meant that only those who are party to an agreement may sue or be sued on it and established the principle that "consideration must flow from the promisee".

<span class="mw-page-title-main">Beswick, Manchester</span> Human settlement in England

Beswick is an area of east Manchester, England. Historically in Lancashire, it neighbours the district of Openshaw to the east. The River Medlock and the Ashton Canal both run through it.

<span class="mw-page-title-main">Frank Beswick, Baron Beswick</span> British politician

Frank Beswick, Baron Beswick, was a British Labour Co-operative politician.

John Beswick Ltd, formerly J. W. Beswick, was a pottery manufacturer, founded in 1894 by James Wright Beswick and his sons John and Gilbert in Longton, Stoke-on-Trent. In 1969, the business was sold to Doulton & Co. Ltd. The factory closed in 2002 and the brand John Beswick was sold in 2004. The pottery was chiefly known for producing high-quality porcelain figurines such as farm animals and Beatrix Potter characters and have become highly sought in the collectables market. Pronunciation of Beswick is as at reads, Bes-wick. This information was from employees who worked at the original Beswick factory.

Privity is a doctrine in English contract law that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, i.e. a "third party". Historically, third parties could enforce the terms of a contract, as evidenced in Provender v Wood, but the law changed in a series of cases in the 19th and early 20th centuries, the most well known of which are Tweddle v Atkinson in 1861 and Dunlop Pneumatic Tyre v Selfridge and Co Ltd in 1915.

Strong v Bird [1874] LR 18 Eq 315 is an English property law case. It is an exception to the maxim: Equity will not assist a volunteer.

Richard John Beswick is a former Australian politician and Deputy Premier of Tasmania. In 1979, he was elected to the Tasmanian House of Assembly representing Bass for the Liberal Party. He was a minister from 1982 to 1989, and Deputy Premier from 1992 to 1996. He retired from politics in 1998.

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