Where estate administration is taking long (Grenada)

For a deceased’s estate to be shared between those who are entitled to benefit, the Grenada court issues a legal document. Where a valid will exists, that document is referred to as a grant of probate. Where the deceased did not have a will (died intestate) then that document is referred to as letters of administration.

• The above documents are referred to as “grants” generally. A grant gives authority to one or more persons to administer (share out) an estate. An administratrix/administrator for an estate has twelve (12) months from the death of the deceased in which to do so.
• If you are a beneficiary or potential beneficiary under a Will or Intestacy it is your direct responsibility, along with an executor or administrator, to encourage the administration of a deceased’s estate promptly.

A frequent problem that occurs is a delay in administering an estate. This may be the case when an executor or administrator or potential administrator fails or refuses to administer a deceased’s estate promptly. A contributing factor is often because an executor or administrator lives outside of Grenada.

 

As a direct result, it is not uncommon for beneficiaries and potential beneficiaries to endure a frustrating wait for many years. Some are without knowledge of the contents of the related will. Others are without an account of the estate. A generation of individuals might die out in a bad case; naturally, that scenario presents new challenges and potential complications for the next generation. Worse case scenarios witness beneficiaries never having received their rightful share of the estate.
Johanan Lafeuillee, Attorney-at-Law, LLB LEC

A CITATION MAY HELP BENEFICIARIES AND THOSE ENTITLED TO APPLY FOR A GRANT IN THE CASE OF A SLOW ESTATE 

• A citation is a mechanism that allows for the final administration of an estate and may allow for a slow-moving estate to be administered promptly
• A citation is like an effective chess piece. It essentially encourages a person cited (a “citee”) to take the necessary action toward completing the administration of the estate. Failure of a citee to take such action with reasonable diligence, or at all, may allow a citor to apply to the court for a grant to himself or herself.
  
  Citations are useful in the following scenarios:
  
  (1) To issue a call on an executor or executrix to show cause why he or she should not be ordered to take a grant of probate where they commenced administration of the estate without applying for a grant.
  (2) By someone who is entitled to apply for a grant to accept or refuse a grant.
  (3) To issue a call on an executor to accept or refuse a grant where the power to make a grant to that executor was reserved.
  (4) To take a grant.
  (5) To issue a call to disclose a will.
  

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This article is for educational purposes only and does not constitute legal advice. Consulting with an Estate Attorney in Grenada may help finalize the administration of a slow-moving estate. You may contact us here | or shoot us an email directly via info@caricomattorneys.com to schedule your initial consultation.