After a person’s death, the executor named in their Will (if a valid Will exists) or their closest next of kin (where there is no Will) may need to apply to the Supreme Court for a grant of representation to allow them to deal with the estate. Whether a grant of representation is required will depend on the value, nature and location of the assets of the deceased and the requirements of the institutions holding those assets. The grant provides formal authority to the person named in the grant to collect and distribute the estate of the deceased.
The main types of grants include:
- Grant of Probate, which is issued to the executor or executors named in the Will of the deceased.
- Letters of Administration with the will annexed, which are issued if the executor nominated in the Will is unable to apply for a grant of probate.
- Letter of Administration, which are issued if a person dies without a Will.
Once a grant is obtained, the next step is to administer the estate. This can be a challenging process depending on the nature of the assets and liabilities of the estate and the entitlements of the beneficiaries. There is also risk of personal liability for the executors and administrators in the event that they fail to administer the estate properly.
Whether you are seeking assistance with obtaining grant of representation only or require assistance with administration duties as well, our lawyers are able to provide you with the necessary legal advice and support. Our Probate & Estate Administration packages are provided on a fixed fees basis. This means that you will have clarity and certainty of costs from the start of your matter. Please contact us for an obligation free quote.
We can help you with:
- Grant of Probate
- Letters of Administration
- Proving an informal or lost Will
- Reseal of Grant
- Revocation of Grant
- Preventing others from obtaining a Grant
- Compelling an executor to obtain a Grant
- Advice and assistance regarding administration of estate assets including:
- Collecting and securing the estate assets
- Recovering debts owed to the estate
- Payment of debts of the estate
- Administration accounts and records
- Informing and dealing with beneficiaries
- Preparing distribution statements for the beneficiaries
- Transferring assets of the estate
- Establishing and managing testamentary trusts
- Executor’s commission