High court vacates estate administrator appointment

Posted on Apr 21 2023

The Supreme Court issued yesterday its opinion vacating a trial court decision appointing an administrator in In the Matter of the Estate of Rosa Lisua Moteisou, 2023 MP 3.

The trial court relied on the Rules of Probate Procedure to permit any Commonwealth resident at least 18 years old to initiate a probate action, even though the person appointed had no relation with the decedent or interest in the estate.

In vacating the decision, the Supreme Court held that a person must have standing to file a case, that is, the person must have an interest in the outcome of the case. The Supreme Court denied the administrator’s request to substitute in an interested person. It held that when a person has no standing, the court lacks jurisdiction, meaning it cannot hear the person’s requests and decide the case. The Supreme Court remanded the case with instructions to dismiss it.

The high court’s full opinion is available at: https://cnmilaw.org/pdf/supreme/2023-MP-03.pdf (PR)

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