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Plene Administravit

Latin for administration (is) complete.

Plene administratavit is a position a personal representative would formally take with an alleged creditor of the estate, to assert that the estate has no, or insufficient assets, to satisfy the debt claimed against the estate.

In Commander Leasing, the Ontario Court wrote:

"It has long been established that if an executor or administrator has no assets to satisfy the debt upon which an action is brought, in the absence of a plea of no assets or plene administravit, he will be taken to have conclusively admitted that he has assets to satisfy the judgment and will be personally liable for the debt and costs if they cannot be levied on the assets of the deceased.

"If the executor has some, but insufficient, assets to satisfy the judgment and costs, a plea of plene administravit praeter will render him liable only to the amount of assets proved to be in his hands as executor."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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