Distribution of Estates
What happens after a Grant of Representation is obtained
After obtaining a Grant of Representation the executor or administrator becomes the legal personal representative of the deceased. This means that for all intents and purposes by law, they are legally entitled to treat with all affairs concerning the deceased estate and to distribute the property of the deceased either in accordance with the Will in the case of a testacy or in accordance with the rules of intestacy if the deceased died without a Will.
Testacy
When someone dies with a valid Will it is said that that person has died testate. The appropriate grant of representation to be obtained would therefore be a Grant of Probate. In such a case the assets of the deceased will be distributed to the beneficiaries in accordance with what is contained in the Will.
This is subject to the proviso that the assets contained in the Will must have been in the possession of the deceased at the time of his or her death. So for example, if the deceased left his car to his son Jason but he sold the car five years prior to his death, Jason would not be able to inherit the car and the intended gift would therefore fail. It must also be clear from the contents of the Will what property is being left to whom. If there is any ambiguity in any one of these categories, the gift would fail.
Intestacy
When someone dies without a valid Will, it is said that they have died intestate. The appropriate Grant of Representation in such an instance would be Letters of Administration or Letters of Administration with Will annexed. The need for Letters of Administration with Will annexed arises where the deceased had a Will but no Executor was named or the named Executor died before the testator. In either event, after the grant is obtained the estate will be distributed in accordance with the rules of intestacy.
Put simply these rules as contained in the Administration of Estates Act Chap 9:01 states that if a person:
(a) Dies leaving a spouse but no children all of the estate goes to the children
(b) Dies leaving spouse and children, half of the estate goes to the surviving spouse and the other half is to be divided in equal shares amongst the children
c) Dies leaving no spouse but leaves children, estate is to be distributed to children in equal shares
d) Dies leaving no spouse or children, estate goes to surviving parents, surviving siblings; surviving grandparents; surviving nieces and nephews; surviving aunts and uncles in that order.
Debts and Liabilities
It is important to note that although a Grant of Representation has been obtained any outstanding debts which accrued during the lifetime of the deceased would have to be liquidated before any distribution can be initiated. This would include mortgages, personal loans, bank loans etc.
Practical Considerations
There are some practical considerations to keep in mind when we are talking about distributing an estate. First when it comes to accessing monies held in financial institutions each institution will have there own procedure as it relates to how this is done but in all cases the legal personal representative will be required to take the grant into the financial institution before they can access the money.
Second with regard to transferring ownership of a motor vehicle, this will also require the legal personal representative to submit the grant to the Licensing Division in order to facilitate the transaction.
Third ownership of real property ( house and land) is not transferred solely by virtue of having obtained a Grant of Representation. A Deed of Assent or Memorandum of Assent needs to be drafted by an Attorney-at-Law and executed by the legal personal representative in order to convey or transfer the property to the beneficiary/beneficiaries under a Will or those entitled to the property based on the rules of intestacy.
For further information on obtaining a Grant of Representation check out this article:
Disclaimer: This article is written for informational purposes only and should not be construed as legal advice or as giving rise to an attorney-client relationship.
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