Section 3 - Legal aid

1 14 The Law and YouPersonal RepresentativesWhen a person dies, her/his property or ESTATE as it is called, isdealt with by one or more personal representatives as directed bythe WILL left by the deceased or the INTESTACY will is a document in which the person making it, called the TES-TATOR, states what she/he wants to happen to her/his estate aftershe/he dies. For information about making a will see Section Num-ber a person dies without leaving a will, that is she/he dies INTES-TATE, the law contained in the Intestacy Rules governs what mustbe done with the estate. For more information on intestacy see Sec-tion Number representatives are called EXECUTORS if appointed bywill and ADMINISTRATORS if there is no will.

2 Administratorsare appointed by the High Probate or Letters ofAdministration of an EstatePROBATE AND ADMINISTRATION OF 1992IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURELETTERS OF ADMINISTRATIONIn the estate of Sandra Singh, deceased. Sworn at $ IT KNOWN that Sandra Singh late of Lot 10 Hope Road, Newtown died on the 1st dayof May 1991 at Lot 10 Hope Road, Newtown BE IT FURTHER KNOWN that on the 6th day of June, 1992 Letters of Administra-tion of all the estate which by law devolves to and vest in the personal representative of thesaid deceased were granted by the High Court of the Supreme Court aforesaid to DavidAndrew of 64 Smith St.

3 Newtown he having been first sworn well and faithfully to admin-ister the this 12th day of June 1992 Sworn Clerk for RegisterSection 3 - Getting Probate 15 The Law and YouGrants of RepresentationBefore personal representatives can deal with an estate they mustobtain a grant of representation from the High Court authorising themto grant issued to executors is called a Grant of PROBATE whileadministrators are granted LETTERS OF an Executor or intended Administrator is unable to apply she/hecan appoint someone by Power of to Obtain Probate or Letters of AdministrationBefore a grant of representation can be issued the following thingsmust be done:1.

4 An OATH AND STATEMENT OF ASSETS AND LI-ABILITIES must be delivered to the Commissioner of In-ternal Revenue. The statement is a list of the assets andliabilities of the estate ( property owned by and debtsowed by the deceased when she/he died). The oath is a swornstatement confirming that the contents of the inventory documents must be delivered including:(a) a copy of the death certificate;(b) the will, if any; and(c) a copy of the transport/title to immovable property(d) certificates of valuation of the assets.(e) a letter from a bank or share registry giving the value of the bank account or share at the date of death(f) a Power of Attorney, if applicableEstate duty was abolished in 1991 but if the gross value of theestate ( the total value of the assets) is more than $100, aPROCESS FEE of per cent of the gross value is payable.

5 Forexample, if the gross estate is worth $200, the process feewill be $1, the process fee, if any, has been paid a certificate will beissued by the Proper officer appointed by the Commissioner of theSection 3 - Getting Probate 16 The Law and YouInternal Revenue Once the Commissioner of Internal Revenue s certificatehas been obtained the application for Probate or Letters ofAdministration can be made to the High following documents must be filed with the applica-tion:(a) the Commissioner of Internal Revenue s certificate;(b) the death certificate;(c) the will, if any;(d) a list of the assets and liabilities as accepted by the Com-missioner of Inland Revenue; and(e) the executor s or intended administrator s oath.

6 This is anaffidavit (a sworn statement in writing) by the executor orintended administrator containing information about thedeceased and an undertaking to administer the estate prop-erly.(g) A Power of Attorney, if of Executors and AdministratorsOnce a grant of Probate or Letters of Administration has been is-sued the personal representatives must:(1) Collect in all the assets of the estate including money owedto the deceased.(2) Put at least 2 weekly notices in the Official Gazette and anewspaper calling on people owed money by the deceasedto send in their claims within 3 months of the first notice.(3) At the end of the 3-month period pay off all debts, includ-ing the funeral expenses.

7 (4) Distribute ( share out among the beneficiaries in accor-dance with the will or the Intestacy Rules) what is left ofthe estate after all debts have been paid. This should if pos-sible be done within a year after the grant of representation.(5) Give an account of their handling of the estate to the ben-eficiaries and the High 3 - Getting Probate 17 The Law and YouPersonal representatives must not make a profit out of their dealingswith the estate. They can however take expenses and are entitled toany gift left to them in the personal representatives fail to carry out their duties properly theywill be personally liable to the a personal representative is unable or unwilling to carry out her/his duties, she/he can renounce the grant.

8 A new person will have tobe appointed to carry out those 3 - Getting Probat