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the deceased died intestate (without leaving a valid will),
no person is in control of the estate until the Court
appoints a Personal Representative by issuing a grant
of Administration. The right to a Grant of Administration
follows the right to property. In other words, beneficiaries
of the estate will be the proper applicants. The
Intestates’ Estates and Property Charges Act
sets out the order of priority for potential applicants.
As
there is no will to allocate the assets to specified
individuals, the beneficiaries of an intestate estate
are determined by statute. Under the Intestates’
Estates and Property Charges Act, the primary beneficiaries
are the spouse and children. Please see the table
of distribution, under section 4 of the Intestates’
Estates and Property Charges Act, which identifies the
beneficiaries of an intestate estate. The definition
of a spouse
has also been extended to common law unions under this
Statute.
All
applications for a Grant of Administration must have,
as a supporting document, the Certificate of the Administrator-General.
The Attorney-at-Law acting for the intended applicant/administrator
will need to submit the following documents to the Administrator-General’s
Department in support of an application for the said
Certificate:
- Particulars
Required for the Administrator-General fully completed
and signed before a Justice of the Peace;
- Proof
of Death (certified copy Death Certificate being preferred);
- Oath
of Administrator(s) for Letters of Administration.
This will be prepared by the Attorney-at-Law retained
by you.
- Consent
of person in priority, if the applicant does not have
the prior right to apply;
- Order
declaring the applicant a spouse of the deceased,
for spouses who are benefiting under a common law
union.
- The
applicable fee.
Provided
that all the requisite documents and information is submitted
to the Administrator-General, she will issue her certificate
and this and other documents will be submitted by your
Attorney-at-Law to the relevant Court for a grant of Letters
of Administration. Once the grant is issued, the appointed
Administrator(s) will follow the normal
process of administration. |
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