DO I NEED A GRANT FROM THE SUPREME COURT?
When someone dies, the Executor appointed under the Will or the Administrator pursuant to the laws of intestacy need to manage, administer and distribute the Estate of the Deceased person. Part of this process involves obtaining a formal Grant of Probate or Letters of Administration from the Supreme Court. These Grants gives the legal authority to the Executor or Administrator to manage, administer and distribute the Estate. However, not all Estates require a Grant from the Supreme Court.
An assessment of the Estate will need to be conducted to work out whether a Grant is required in order for the Estate to be fully administered. The reasons why a Grant may not be required will differ across all Estates, however they may include:
None of the asset holders require a Grant to finalise the assets.
The only real estate involved is a property held as joint tenants by the deceased and another person.
An exemption is obtained by the Estates’ representative.
The Estates’ representative, whether it be the Executor, Administrator or the Solicitor for the Estate, can apply for an exemption to the request for a Grant. The decision is at the sole discretion of the asset holder, however VIVMAR Lawyers can assist with putting your best case forward. Some of the reasons you would apply for an exemption is where:
The estate has one or a small number of assets; and/or
The cost of obtaining the Grant surpasses the amount of the assets.
YOUR NEXT STEPS:
VIVMAR Lawyers can take the stress out of the process by:
Conducting an assessment and advise whether a formal Grant is required.
Applying for an exemption for the requirement of a formal Grant.
Handling the entire Estate process for you.
