Administration of Estates

Representation Application Overview

Citation and Renunciation If the person named as executor or the next person entitled does not and will not take up his office there is a procedure by which a document called citation issues from the Probate Office requiring him to take up or refuse the offer within a specified period. … Read the rest

Probate Applications

Probate Officer The Probate Officer is a Court Officer who exercises quasi-judicial functions in relation to probate matters. In some more complex cases, orders of the Probate Officer are required. A grant may be amended where non-fundamental details need to be rectified.… Read the rest

Personal Representatives

Overview The law prescribes the formalities by which assets are transferred to successors upon a person’s death. The entitlement to assets is determined by the terms of the Will, subject to the rights of spouses and children. … Read the rest

Other Grants

Administration with Will Annexed Where the will appoints no executor or an executor was appointed but has died, ceases to act or lacks mental capacity, is under a disability or have left this country., has renounced or is not present, an application may be made for letters of administration with the will annexed.… Read the rest

Letters of Administration

Letters of Administration Letters of administration issue to empower a person to administer the estate of a person who has died without a valid applicable will. For most purposes, the procedure and process are similar to that in the case of a will and grant probate.… Read the rest

Grant of Probate

Overview The vast majority of grants of representation, whether by way of grant of probate, letters of administration or whether letters of administration with will annexed are issued forth from the Probate Office. Technically, they issue in the name of the High Court, where a Court order or judgment is not required. … Read the rest

Court Supervised Administration

Examiner Where a court makes an order in proceedings relating to the administration of an estate of a deceased person or by a mortgagee to realise security, it usually directs that accounts and enquiries be taken.… Read the rest

Court Grants

Contentious Probate Matters In the vast majority of cases a grant to probate and letters of administration issue from the probate office in a non-contentious manner. In the vast majority of cases, the will be validly executed and clearly identifies the executor. … Read the rest

Administration; Duties & Powers

Duties of Personal Representatives The position of personal representatives is potentially onerous. Personal representatives have significant legal duties. They have many of the same duties as trustees. The succession legislation deems the personal representative to be trustee in respect of assets vested in him. … Read the rest

Administration Proceedings

Administration Action An administration action is an action against a personal representative obliging him to administer the estate in accordance with law. The action may be taken by any person having an interest such as a beneficiary, creditor, next of kin etc. … Read the rest