VESTING OF ESTATE IN PUBLIC TRUSTEE IN THE CASE OF INTESTACY OR LACK OF EXECUTORS IN CAMEROON
When a person dies intestate in Cameroon (without a will) or there is a lack of executors, their estate temporarily vests in the Public Trustee under Section 9 of the Administration of Estates Act 1925 until a grant of administration or probate is issued. This means the Public Trustee in Cameroon legally holds the property, but does not have a beneficial interest in it or any duty to manage it until the grant is made. The estate will then be transferred to a legally appointed administrator or executor to be distributed.
The conditions after death of the Testator in Cameroon
Where a testator dies and;
At the time of death, there is no executor with the power to obtain probate of the will, or
At any time before probate of the will is granted there ceases to be any executor with power to obtain probate,
The real and personal estate of which he disposes of by the will shall vest in the public trustee until the grant of representation.
Vesting of the estate in Cameroon
Intestacy: If a person dies without a will, their real and personal estate automatically vests in the Public Trustee until an administrator is appointed and granted the authority to manage the estate.
Lack of executors: If a person dies with a will, but there are no executors, or if all existing executors are unable to act, the estate vests in the Public Trustee until the grant of probate is issued.
Legal status: The vesting is a temporary legal transfer. The Public Trustee does not benefit from the estate and is not obligated to perform any duties until a grant of administration or probate is issued.
Subsequent administration
After the Public Trustee's temporary ownership, the estate will be administered by a person with the authority to do so, such as an administrator appointed by the court or an executor who has been granted probate.
The estate is then managed and distributed according to the laws of intestacy or the terms of the will.