Grant of Administration with Will Annexed

The grant of administration with will annexed is one of many different grants of representation possible in administering the estates of deceased persons. This grant is required where The appointed executor renounces There is no executor appointed in the will The executor appointed does not renounce and refuses to apply for a grant of probate … Read more

Extracting Grants of Representation in the Administration of Estates

There are different types of grants of representation possible, depending on the circumstances (eg testate/intestate) including Grant of probate Grant of administration intestate Grant of administration with will annexed De Bonis Non grants Limited grants Special grants. Extracting a grant of representation allows the administration of the estate of the deceased. Is it Necessary to … Read more

Children’s Rights under the Succession Act, 1965

Unlike spouses, children are not entitled to any specific share in a deceased person’s estate. Testate Accordingly, in a testate situation, a child is only entitled to whatever the will of the deceased says. Intestate In an intestate situation a spouse is entitled to two thirds of the estate with the one third going to … Read more

Spouses’ Rights under the Succession Act, 1965

The Succession Act, 1965 protects surviving spouses of deceased persons by affording considerable protection as the Act restricts the right of the testator to leave his/her property to whoever he/she wishes. Section 111 of the Succession Act, 1965 states: 111.—(1) If the testator leaves a spouse and no children, the spouse shall have a right to … Read more

The Role, Duties, and Powers of an Executor in the Administration of Estates

An executor is the person appointed in a will to administer the estate of a deceased person. He/she is entitled to take out a grant of probate to the estate of the deceased. An administrator (administratix if female) extracts a grant in an intestate situation or in a testate situation where the executor has died. … Read more