Legal Definitions - plene administravit praeter

Plene administravit praeter is a historical legal defense used by an executor or administrator of a deceased person's estate. This defense asserts that the estate's assets have been almost entirely distributed, used to pay other debts, or otherwise accounted for, with only a few specific, remaining assets left. Crucially, the executor or administrator declares that these remaining assets are insufficient to cover the claim made by a creditor or claimant against the estate. In essence, it is a declaration that the estate is largely depleted, and what little remains cannot satisfy the current demand.

Here are some examples illustrating this concept:

• Imagine an executor, Mr. Davies, who has diligently managed the estate of a deceased individual. He has paid all known creditors, settled taxes, and distributed specific bequests to beneficiaries as outlined in the will. Suddenly, a previously unknown creditor, Ms. Chen, comes forward with a significant claim for an old, unpaid business debt. Mr. Davies could invoke plene administravit praeter, stating that he has fully administered the estate, except for a small, illiquid antique collection and a minimal bank balance, which together are far from sufficient to satisfy Ms. Chen's large claim. This defense would highlight that the bulk of the estate is gone, and what remains cannot meet the new demand.

• Consider an administrator, Ms. Rodriguez, who has been overseeing an estate that turned out to be less solvent than initially thought. After selling most properties and liquidating investments to cover funeral expenses, secured loans, and primary debts, she is left with only a dilapidated shed on a remote piece of land and a collection of low-value personal items. A distant relative then sues the estate, claiming they were promised a substantial inheritance. Ms. Rodriguez could use the plene administravit praeter defense, explaining that she has administered nearly all assets to meet higher-priority obligations, and the only remaining items (the shed and personal effects) are clearly inadequate to satisfy the relative's claim.

• Suppose an executor, Dr. Lee, has disbursed the majority of an estate's funds to various charities and beneficiaries as per the deceased's wishes, after settling all known debts. A year later, a former business partner of the deceased files a lawsuit, alleging a breach of contract and demanding a large sum from the estate. Dr. Lee would plead plene administravit praeter, asserting that the estate has been fully administered, with the exception of a few specific, non-liquid assets like a small, inherited plot of undeveloped land and a modest art collection, neither of which could possibly cover the substantial amount being claimed by the business partner.