Estates

The administration of a person's Estate is a complicated procedure and we suggest that you should contact us before embarking on any course of action. It is a particularly traumatic time and we hope that in the first instance this guide will assist you with the basic procedures.

What is an Executor?

The person or persons whom the deceased has appointed their Will to deal with their affairs after their death is an Executor. The Executor(s) will become the deceased's Legal Representatives(s).

What are the Executor’s duties?

There are numerous duties and we will assist and guide the Executor in those duties. The duties include, amongst other things:

  • To bury the deceased in the manner preferred by the deceased, if specified in the Will, or in the manner best suited to the estate he or she leaves behind.
  • To prove the Will of the deceased.
  • To establish the assets of the deceased and, if necessary, take proceedings against the debtors of the deceased's Estate.
  • To pay any debts of the deceased, then any legacies under the Will
  • Finally, distribute the residue to the person/organisation whom the Testator has stated should receive the rest of the Estate.

Does a person appointed as an Executor have to accept the responsibility?

No, the persons appointed by the Will can renounce their responsibility but must do so before taking any steps in dealing with the Estate.

What is an Administrator?

If the deceased has left no Will, or if the Executors appointed have died or refuse to act, an Administrator will need to be appointed. If the deceased has left a surviving spouse and that person is entitled to the whole of the Estate then the spouse is the only person entitled to apply for Letters of Administration. If there is no surviving spouse then there is a strict order of priority in which it is established who is entitled to become an Administrator. We will discuss this with you if the need arises.

Does the person entitled to become an Administrator have to accept the position and apply for Letters of Administration?

No, if the person entitled to apply actually makes the application for Letters of Administration they accept the office by doing this. However, unlike an Executor, he does not accept office by taking any action in relation to the deceased's Estate and cannot be compelled to take out Letter of Administration even if he has taken steps in some way to deal with the deceased's Estate. If the person entitled to be the Administrator does not want to act they can renounce their right and need not become the Administrator.

What is a "Grant of Probate?"

The original Will is produced to the Probate Registry of the High Court ("the Court"), and the Court, upon receipt of this and an Oath for Executors, will (normally) determine that the Will is valid and issue a Grant of Probate. This Grant of Probate can be produced to Banks/Building Societies e.t.c to prove that the Executors have a right to deal with the Estate. If there is a property to be sold the Grant gives the Executors authority to deal with the sale or other disposal of the property.

What is meant by "Letters of Administration"?

The person who is entitled to apply to be an Administrator can apply to the Court for Letters of Administration. This is done by swearing an Oath. The Court, if satisfied that the person applying is entitled to do so, will grant Letters of Administration to the Applicant. This will confer upon them the authority to administer the Estate.

What is an Oath?

This is a document which states the deceased has died, the capacity in which the applicant applies to the Court for the authority to deal with the Estate and the value of the Estate amongst other things. In this Oath the applicant swears that they will administer the Estate in accordance with the law. We will prepare this for the Executors(s)/Administrator(s) and will arrange for the Oath to be sworn by them.

What else needs to be done?

If we are instructed we will establish the value of the Estate and whether Inheritance tax will be payable - we will complete all relevant forms for you regarding tax.

Who will pay debts once Probate or Letters of Administration have been granted?

If we are acting we will deal with debts and thereafter distribute the Estate in accordance with the Will or in accordance with the order of priority, if Letters of Administration are required.

What happens to any house, business or land owned by the deceased at their death?

If specifically left to a beneficiary we will deal with the transfer of the property to that person. If not specifically bequeathed under the Will it will be sold and we will deal with the sale on your behalf.