The Grant

It is an emotional time when your parent, child, sibling, or friend passes away.  How do you deal with the deceased’s property?

The first step is to apply for a grant to appoint a person to represent the estate.  This person will

  • pay estate debts
  • deal with estate issues
  • distribute property in accordance with the Will.

To obtain a grant you must prepare and file documents in the court that set out the orders to be made and information about the deceased.

Types of Grants

The three main types of grants made by the court are:

  • a grant of probate
  • a grant of letters of administration with Will annexed
  • a grant of letters of administration – this application is made when there is no Will

A grant of probate can only be made if there is a Will and the applicant for the grant is the executor named in the Will.  All other applications for grants are applications for administration.

Uncontested Grants and Contested Grants

If the application for a grant of probate or administration is not contested it will be decided by a registrar ‘in chambers’ and you will not need to go to court.

In the application is contested then you will need to go to court.  An interested person may contest the will by claiming the deceased, at the time the will was signed,

  • did not have capacity ( the mental ability) to make the Will
  • did not know or approve the contents of the Will
  • was subject to unfair pressure

Interim or Special Grants

Sometimes you have to act quickly to protect the deceased’s property.  For example you should get a grant quickly

  • to continue a business
  • to complete a contractual obligation
  • to represent the estate in legal proceedings existing at the time of death
  • to do a specific act

You will need to go to court.to explain why an interim grant is necessary.  The court allows applications for a grant to be made on short notice in special circumstances.

Please call us.  We can help you.  Talk with us about your circumstances.  We can guide you through the application.  We can tell you

  • what is the law
  • what are your legal rights
  • what steps you can take

We can prepare the court documents for you.  We can appear on your behalf before the court.

ESTATE PLANNING
ELDER LAW