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Probate & Other Grants of Representation

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Probate and Other Grants of Representation

There are three main types of grants in respect of the estate of a deceased person: Grants of Probate, Grant of Letters of Administration of the Will; and Grant of Letters of Administration (of an intestate estate);

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What is Grant of Probate?

If you are named executor in someone’s Will, you are responsible for carrying out the terms of their Will when they die. This means that you are required to (amongst other things) look after their property and assets (commonly known as their ‘estate’).

To carry out the terms of the Will, you may have to apply for Probate, which is the court’s official recognition that:

  • The Will is legally valid; and
  • You are authorised to deal with the estate.

Obtaining a grant of probate means that you are protected as an executor should a person claim that the Will is not the last Will and testament of the deceased.

Grants of Letters of Administration With the Will

A grant of Letters of Administration with the Will may be granted when all of the executors named in a Will have predeceased the deceased or renounced their role.

On thE other hand, a Grant of Letters of Administration (of an intestate estate) will be granted when a person dies without a valid Will, or dies “intestate”. In such circumstances, the estate will be distributed per the relevant provisions of the laws of intestacy.

Your duties as personal representative (executor or administrator) will include:

  • Gathering or taking control of estate property;
  • Lodging tax returns and finalising tax affairs;
  • Advertising for any debts owing and paying those debts out;
  • Finalising any financial or business affairs;
  • Paying out legacies; and
  • Distributing or transferring the estate property in accordance with the Will.

 

Acting as a personal representative is an important responsibility. You must be very careful in your administration of an estate. As a representative, you can be held accountable for any losses that may arise from the incorrect or negligent administration of the estate. If you have been appointed as personal representative of a deceased estate, we can assist you in respect of your duties and the preparation and undertaking of distributions to the beneficiaries.

Contact our Wills and Estates Team for further questions or inquiries.

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Grants of Letters of Administration (of an Intestate Estate)

A grant of letters of administration (of an intestate estate) may be granted when a person dies without a valid Will, otherwise known as intestate. In such circumstances, the estate will be distributed per the relevant provisions of the laws of intestacy.

Your Duties as Representative will include:

  • Gathering or taking control of estate property;
  • Lodging tax returns and finalising tax affairs;
  • Advertising for any debts owing and paying those debts out;
  • Finalising any financial or business affairs;
  • Paying out legacies; and
  • Distributing or transferring the estate property in accordance with the Will.

Acting as a representative is an important responsibility. You must be very careful in your administration of an estate. As a representative, you can be held accountable for any losses that may arise from the incorrect administration of the estate. We can advise you as a representative in respect of your duties and the preparation and undertaking of distributions to the beneficiaries.

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