Amendment and Notation of Grants

• Author: Karen Nunez-Tesheira
• Pages: 427-430

Amendment and Notation of Grants /427

AMENDMENT OF GRANTS

A. Errors discovered

Subsequent to the issue of a grant of representation an error may be

discovered in the grant itself. If the error is relatively minor, such as a

mistake in the spelling of the forename of the deceased named therein, or

an error in the deceased’s place or date of death, an order for amendment of

the grant will be made. If however, it is an error of substance for example,

where the deceased’s actual surname is wrong as opposed to a mistake in its

spelling, the grant will not be amended but will have to be revoked.

Procedure and Documents Required

Pursuant to r.42 of the N.C.P.R. 1954 England/r.41 of N.C.P.R. 1987,

England,1 depending on the territory concerned, and in the case of Jamaica,

pursuant to Rule 68.37 CPR 2002, where the registrar is satisfied that a

grant should be amended he may so order but such power is to be exercised:

(a)on the application or consent of the person to whom the grant was

made; and

(b)otherwise only in exceptional circumstances.

An application for an order for the amendment of a grant of representation

is made ex parte to the registrar.

The documents to be lodged are:

I.Covering notice/letter addressed to the Registrar (discretionary);

2.Affidavit of the grantee — containing the following recitals, inter

alia:

22

Amendment and

Notation of Grants