When a person dies, everything they owned (except assets where ownership ceases on death or jointly owned assets) is referred to as the deceased’s “estate”.

1. Where the deceased had a will, the Executors will collect the assets, pay debts and taxes and then divide the “estate” among the beneficiaries named in the Will.
2. If there is no will, then an Administrator will be appointed from the next of kin and they will carry out broadly the same role as an executor and collect the assets of the estate, pay relevant debts and taxes and then divide the “estate” amongst the closest relatives in accordance with rules set out in the Succession Act 1965.

The authority to administer the estate is contained within a legal document called a Grant of Representation of which there are three types:

1. A Grant of Probate – where a Will was made,
2. A Grant of Administration with Will Annexed – where there is a Will but no executor for whatever reason; and,
3. A Grant of Letters of Administration – where there was no Will.

The type of Grant required will depend on the individual circumstances of the deceased person and whether there is a Will or not.

Dealing with an estate can be complex especially when taxation and financial issues arise but our team can help guide you through every step in the administration of an estate and provide clear and practical advice as to the legal obligations and responsibilities of Administering an estate.

We have an established professional network and can also source taxation advice should you require it.