When someone dies with a Will, they have died testate. The distribution of that deceased person’s Estate will be governed by the terms of their Will and the applicable law.
Depending on the circumstances and the deceased’s assets, a Grant of Probate, issued by the Court, may be necessary.
Alternatively, when someone dies without a Will, they have died intestate, and the distribution of their Estate is governed by Part 3 of the Wills and Succession Act – Distribution of Intestate Estates. Additionally, a Personal Representative or Administrator, will need to be appointed by the Court to administer the deceased’s Estate.
Our experienced team is pleased to assist Personal Representatives with all aspects of the administration of an Estate. Such services include:
- Advising Personal Representatives of their duties relating to the administration of an Estate;
- Preparation of applications for various types of grants (probate, administration, limited grants, resealing of foreign grants, etc.);
- Applications for advice and direction of the Court;
- Applications for rectification of a Will, validation of a non-compliant Will, and interpretation of a Will;
- Assisting Personal Representatives to carry out their duties, including, but not limited to, locating assets, debts and/or beneficiaries of an Estate, administration of the Estate, administration of mines and minerals interests, advising and managing ongoing trusts, structuring agreements for the administration and/or distribution of family businesses, reporting to the beneficiaries, and passing of accounts; and
- Referrals to other professionals and service providers that can assist Personal Representatives in carrying out their tasks/duties throughout the administration of the Estate.
Occasionally, disputes and/or questions arise in the course of the above. We also assist Personal Representatives with applications to the Court for advice and direction, and any disputes or litigation, which may arise.