Define: Ultra Vires Inventarii

Ultra Vires Inventarii is a Latin term that translates to “beyond the powers of the inventory.” It refers to actions or transactions that are outside the scope of the powers granted to an executor or administrator of an estate.

If an executor or administrator acts beyond their authorized powers, they may be personally liable for any losses or damages incurred as a result. They may also face legal action from beneficiaries or interested parties.

To determine if an action is Ultra Vires Inventarii, one must carefully review the powers granted to the executor or administrator in the will or by the court. If the action exceeds these powers, it can be considered Ultra Vires Inventarii.

Yes, even if the executor or administrator acted unknowingly, they can still be held liable for any losses or damages caused by their actions. It is their responsibility to understand and adhere to the limits of their powers.

In some cases, an Ultra Vires Inventarii action can be ratified or validated by the court or the beneficiaries. However, this is not guaranteed, and it is always advisable to seek legal advice before taking any actions outside the authorized powers.

If you suspect an executor or administrator is acting beyond their authorized powers, you should consult with an attorney specializing in estate law. They can guide you on the appropriate steps to take, such as filing a complaint or seeking court intervention.

Yes, if an executor or administrator consistently acts beyond their authorized powers, beneficiaries or interested parties can petition the court to have them removed from their position. The court will then appoint a new executor or administrator.

An executor or administrator may have certain defences available, such as acting in good faith or under the belief that their actions were within their authorized powers. However, the success of these defences will depend on the specific circumstances of the case.

Yes, an Ultra Vires Inventarii action can be challenged even after the estate has been settled. However, it is generally easier to address such issues during the administration process rather than after the estate has been closed.

In some cases, if an executor or administrator’s actions are deemed fraudulent or malicious, they may face criminal charges. However, this would depend on the specific laws and regulations of the jurisdiction in which the estate is being administered.