When will you need a Grant of Probate?

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When a person dies with a valid Will (“testator”), the executor(s) specified in the Will, has to apply to the Court for a Grant of Probate within 6 months from the death of the deceased, failing which the applicant will have to give reasons for the delay.

 

A Grant of Probate gives the executor(s) authorisation to administer the estate in accordance with the Will.

 

In the case where the Will does not specify an executor, the Court will grant letters of administration with the Will annexed to the person it deems ‘fittest to administer the estate’, according to Section 13 of the Probate and Administration Act.

 

 

Who is entitled to be the Executor?

 

The person(s) appointed as the executor(s) by the testator in his Will, will be the Executor unless he renounces his rights according to Section 3 of the Probate and Administration Act or is legally incapable of doing so (e.g. Bankrupt or mentally incapacitated).

 

In which event, the Probate and Administration Act details who can be appointed as administrator instead. Call us for advice on this matter today.

 

Who are the Beneficiaries?

 

Beneficiaries are the individuals or entities which the testator names in his Will to receive his property. Beneficiaries or spouses of beneficiaries must not be witnesses to the Will

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Disclaimer:

The information provided does not constitute legal advice. You should obtain specific legal advice from a lawyer before taking any legal action. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk.