The Amendment and Revocation of Grants
What to do when something is wrong with your grant
There are occurrences where it is only after obtaining a grant of representation that it is realized that an error was made. For example there may have been a misspelling of the name of the deceased, the deceased may have been known by other names which were not included in the grant of representation or in fact the wrong grant of representation was applied for. For example, a grant of letters of administration was obtained when it was later realized that the deceased in fact had a will.
As a general rule if the defect or error in the grant goes to the form e.g. example incorrect spelling of name etc. the appropriate application would be an application to amend the grant. Whereas if the defect goes to the substance of the grant for example the wrong type of grant has been obtained it would be necessary to revoke the grant before the correct application can be made. It is important to note that in cases where there has been an understatement of the value of an estate the appropriate application would be for an amendment of the grant.
Procedure for an Application for Amendment
Where there has been an error in the name of the deceased or date of death the application is made to the probate registry via an affidavit of the grantee stating:
a. Date of grant obtained
b. nature of error
c. necessity of amendment
d. death certificate of deceased is annexed where applicable.
In instances where property was not included in the original inventory with effect being that the value of the inventory is required to be increased, an affidavit of increase will be required. Please note that if this is realized before the grant of representation has been obtained a supplemental affidavit may be filed. The affidavit of increase will contain:
a. Gross value of estate contained in original application
b. A recital as to the discovery of error in value
c. Revised gross value of estate
d. Annex previously issued grant
e. An amended bond may be required subject to the requirements of your jurisdiction.
After lodging the requisite documents at the registry the Registrar will make an order directing that the necessary changes be made and the necessary amendments will be inserted in red on the original grant.
Procedure for an Application for Revocation
Where there has been an error as to the substance of the grant obtained the only option would be to apply for the revocation of the grant. A revocation would also be required when the grantee dies after the grant has been obtained but before any acts of administering the estate has been done. This is also done by means of an over the counter application at the probate registry when the proceedings are non-contentious. In contentious proceedings a revocation may be effect by means of a court order.
An application for the revocation of a grant of representation is done by the original grantee or with the consent of the original grantee. The affidavit is to include:
a. the details of the first grant
b. the grounds upon which a revocation is sought
c. the entitlement of the current applicant to the new grant.
Once everything is in order the Registrar will make an order revoking the grant. The revoked grant is marked as revoked and filed away. The grantee will be notified in writing of this and he or she may then be permitted to apply for a fresh grant of representation in the deceased estate🔷.
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.
If you enjoyed this article, be sure to share it with someone who you think would get something out of it.
Follow me on Medium Colin Denoon and on Twitter @ColinDenoon. Send questions, suggestions, and comments to colin.denoon@gmail.com.
Check out my podcast here:https://thelegalcornerpodcast.buzzsprout.com/