The Power of an Estate Administrator in Conflict of Laws Rules

Abstract

The power of an estate administrator under the conflict of laws rules is significant, especially in a world without borders where the assets of the deceased may be dispersed across various countries. To determine which applicable law applied to the legal relationship concerning the power of the administrator falls within the system of conflict of laws rules. In accordance with the system of conflict of laws, the power of the administrator can be generally categorized into two models: separation of the administrator from the estate assets and no separation of the administrator from the estate assets. When examining the conflict of laws rules, different jurisdictions recognize the distinct connecting factors for identifying the applicable law that governs the power of the administrator. According to the English conflict of laws, domestic law is applied to determine the administrator’s power. While in the Chinese conflict of laws, the law of the place where the assets are located applies as the connecting factor. In contrast, Thai conflict of laws rules do not explicitly provide rules for selecting the applicable law concerning the administrator’s power. Thus, the legal loophole must be fulfilled through the mechanism stipulated in Section 3 of the Conflict of Laws Act B.E. 2481, which mandates the application of the general principles of private international law.