Persons or organizations holding money or other assets in the deceased’s name will need to know who will be entitled to it and the grant is proof that the person named in it has a legal entitlement as executor or administrator. The executor or administrator is obliged to distribute the assets to the beneficiaries under the will or under the Succession Law as the case might be. Where the deceased died leaving real property registered in his or her name (except for joint property) the issue of a grant of representation is absolutely necessary. A beneficiary will need a grant to transfer or sell any property held only in the deceased’s name. Prior to the issue of a grant of representation the real and personal estate of the deceased person vest in law in a Judge of the Grand Court. The estate left when a person dies passes to the people named in his or her will. If there is no valid will, it passes to his or her next of kin under the Succession Law. The grant serves as proof to anyone wishing to see it that the person named in it is entitled to collect in and distribute the estate.

The Rules which govern the administration of estates in the Cayman Islands are the Probate and Administration Rules which are made under the Succession Act. These Rules govern who may be given a grant, and whether or not one is issued may depend on the circumstances. The following points are a brief guide:

• If there is a will with named executors they are the first persons entitled to a grant.
• If there are no executors or the executors are unable or unwilling to apply for a grant of representation, the next person(s) entitled to a grant is any person named in the will to whom the deceased leaves all his estate (or the remainder after the gifts have been paid).
• If the deceased has not made a valid will, then the application for a grant should be made by his or her next of kin in the following order of priority:
  • Husband or Wife
  • Sons or daughters
  • Parents
  • Brothers or Sisters of the whole blood
  • If there are no brothers or sisters of the whole blood then brothers and sisters of the half blood.
  • More distant relatives
• A grant cannot be issued to any person under the age of 18.
• A child/children born out of wedlock will fall to be considered under special circumstances.
• If you are not sure whether you are entitled to apply you should check with an attorney-at-law. When more than one person is entitled to a grant they may all obtain a grant together. A maximum of only four applicants is allowed. In most situations only one or two persons will need to obtain a grant. If more than one applicant is required the Probate Section will inform the applicant as soon as possible after the application is received.

Application for a grant of representation must be made within 6 months of the date of death of the deceased. In the event of failure to do so, leave of the Court must be obtained before an application can be made.

There are two ways to apply for a grant:

• In Person
• By hiring the services of an attorney

The details for applying for a grant are contained in the Probate and Administration Rules (2001 Revision) and by following the application samples at the back of the Rules.

• The Application – the application asks for details of the deceased and the applicant.
• Account of the Estate – you must give a full account of the deceased’s estate. You should try to obtain the full value of the deceased’s estate.

Where there is a will:

• The original or a certified Death Certificate
• The Original Will (we suggest that you keep a copy of any will that you send with your application)

Where there is no will:

• The original or a certified Death Certificate
• The Application for Letters of Administration
• Declaration of Bond in a sum equal to twice the value of the known assets of the Estate given for due execution of the estate. The bond must be given by each grantee.
• Affidavit of the applicants explaining the basis upon which they are entitled to the grant and stating to the best of their knowledge the assets of the estate. This affidavit must also name all persons known to be entitled to share under the estate.

The fee to file the application is found in the Schedule of Fees in the Grand Court Rules, 1995 (Revised).

The stamp duty for certain documents is found in the Stamp Duty Act.

You must file the application in the Probate Registry Civil Section at the Courts Office (The Law Courts ), Edward Street, George Town, where you will be required to pay the appropriate filing fee. The Probate Registry is located at the Law Courts Building – Kirk House.

The application must be published in respect of the estate of persons who died domiciled in the islands. The application is published in the Cayman Gazette for Probate matters. Letters of Administration are published on the Court’s Notice Board and in the Cayman Islands Gazette.

In order to give notice to persons wishing to show cause against the sealing of a grant; that no grant is to be sealed in the estate of the deceased without notice to the person who files a caveat.

A caveat is a notice in writing lodged in the Probate Registry which prevents a grant being made without notice to the person who has entered the caveat. A caveat may be entered to give time to the caveator to make enquiries and to obtain such information for him/or her to determine whether or not there may be sufficient grounds to oppose the grant. The person by whom, or on whose behalf, the caveat is entered, is called the CAVEATOR.

Once the application appears to conform to the Probate and Administration Rules, the Probate Clerk will forward the application to a Judge of the Grand Court for granting. The Judge ultimately decides whether an application satisfies the requirements of the Act or Rules.

In dealing with applications in respect of small estates, the functions of a Judge in Chambers may be performed by a Magistrate of the Summary Court in Chambers. Please note that the responsibility of the Probate Registry ceases when the grant is issued.

Personal representatives shall have one year to administer an estate. This means that you must distribute the estate to the persons who are entitled to a share in the estate. Every Personal Representative shall file in the Office of the Clerk of the Courts, accounts showing the receipts and distributions of the deceased’s estate supported by an affidavit. These accounts shall be open to the inspection of persons beneficially entitled.