Acts: Grant of Probate and Grant of Letters of Administration (Intestate Succession);
Legal Framework: Wills Act 1965; Succession Act 1965; Administration of Estates Act 1959;
Competent Authority: Probate Office within the High Court
Procedure: a) Grant of Probate:
- The executor named in the deceased’s valid will applies to the Probate Office.
- A will (if applicable), a death certificate, an oath of the executor (sworn before a solicitor or the court), and a schedule of the estate’s assets and liabilities.
- The application is filed with the Probate Office, and if all the documents are in order, the court issues the Grant of Probate.
- The executor then has legal authority to distribute the assets as per the will.
b) Grant of Letters of Administration:
- The relative (spouse, child, or sibling) applies to the Probate Office if the deceased did not leave a valid will.
- Death certificate, a list of assets, and an affidavit explaining the circumstances.
- The application is filed with the Probate Office, and if all the documents are in order, the court issues the Grant of Letters of Administration.
- The administrator, often a close relative or an appointed person, is granted authority to distribute the estate according to the rules of intestacy.
Nature and Function: Both the documents have a declarative nature. The Grant of Probate proves the validity of the will and gives the executor the legal authority to act on behalf of the estate. On the other hand, the Grant of Letters of Administration authorizes the administrator to act on behalf of the estate of someone who died without a valid will. It serves as proof of the heir(s)’ legal rights to the estate. T.