Grants of Letters of Administration

• Author: Karen Nunez-Tesheira
• Pages: 191-225

Grants of Letters of Administration / 191

INTRODUCTION

PERSONS ENTITLED TO GRANT

The persons entitled in priority to take out a grant of letters of administration

of an intestate’s estate are generally those entitled to benefit on an intestacy.

With the exception of Jamaica, St Lucia, The Bahamas and Trinidad &

Tobago, none of the other territories has statutory provisions and/or rules

which stipulate the order of priority with respect to entitlement to grants

of letters of administration. In the other territories, pursuant to the

respective reception provision contained inter alia in the Supreme/High

Court Acts of these territories the English Non-Contentious Probate Rules

1954/1987;1 (depending on the cut off date for reception thereof) are

received and applied, for the purposes of determining the order of priority

with respect to entitlement to grants of letters of administration.

Order of Entitlement to Grant of Letters of Administration

Barbados

According to s.19 of the Succession Act Cap. 249, the court has a discretion

as to the person to whom administration is to be granted. However the

practice in Barbados is to follow the order of priority with respect to

entitlement to grants of letters of administration as set out in r.21 N.C.P.R.

1954, England, subject to the overriding discretion of the registrar to

determine the ultimate order of priority with respect thereto.

Guyana

According to s.16 of the Deceased Persons’ Estates Administration Act

Cap. 12:01 the Court may where it appears expedient to do so, appoint

any person or persons to be an administrator to administer the estate of a

deceased person where the person dies intestate.

8

Grants of Letters of Administration

192 / Probate Practice and Procedure

Although s.60 of the Deceased Persons’ Estates Administration Act

provides for probate rules to be made under s.67 of the High Court Act

Cap. 3:01, no rules have to date been made which set out the order of

priority with respect to entitlement to grants of administration. However,

pursuant to s.17 of the High Court, which allows in effect for the reception

of the N.C.P.R. 1954, England, where no local rules of probate practice

and procedure exist, it is the practice, when applying for grants of

administration, to adopt the order of priority with respect to entitlement

to grants as set out in r.21 N.C.P.R. 1954 England subject to the over-

riding statutory discretion conferred on the court, under s.16 of the

Deceased Persons Estate Administration Act cap. 12:01.

Jamaica

The position with respect to entitlement to grants of letters of administration

is regulated by s.5 and s.12 of the Intestates’ Estates and Property Charges Act,

(which in general terms, sets out the order of priority with respect to beneficial

entitlement to an intestate’s estate) and with effect from January 1, 2003, by

Rule 68 CPR 2002 which has replaced the former practice which had

developed.

Position prior to January 1, 2003

According to the provisions of the above Act and the former practice, the

following persons were entitled to take our letters of administration:

•the beneficiaries of the intestate’s estate; where the value of the

residuary estate exceeded one thousand dollars and the

beneficiaries were all adults and were in agreement and had been

given their written consent to one or more of them, if more than

one, applying for the grant;

•where the adult beneficiaries were not in agreement; one or some

of those persons who in accordance with s.5 of the Intestates’

Estates and Property Charges Act, were beneficially entitled to

the intestate’s estate provided they had obtained the consent of

those in agreement and had given notice of the intended

application to those so opposed. By way of illustration, according

to s.15 of the Intestates’ Estates and Property Charges Act where

the intestate dies leaving a spouse and child/children surviving

him, the surviving spouse and child/children were exclusively

entitled to the intestate’s estate, albeit, in varying proportions.

As such the surviving spouse would be permitted to take our

Grants of Letters of Administration / 193

letters of administration although the children or one or some

of them had not so consented.

However the surviving spouse was required to serve on those children

who had not consented, notice of the intended application for the grant of

administration in accordance with r.18 of the General Rules and Orders of

the Supreme Court Part III Probate and Administration as the children

were deemed to be equally entitled to take out letters of administration.

Conversely, where the children were all adults and were in agreement but

the surviving spouse had not consented, the children might be permitted

to apply for the grant of letters of administration provided they had given

the surviving spouse notice of the intended application.2

However it is to be noted that where the adult beneficiaries were not

in agreement that although the practice had decreased (primarily in an

effort by the Administrator General to reduce the number of applications

for letters of administration which were made by the Administrator General),

applications for grants of letters of administration were nevertheless often

made by the Administrator General where the adult beneficiaries so

requested.

•the Administrator General where the value of the residuary estate

exceeds one thousand dollars and a minor is a beneficiary.

Position on or after January 1, 2003

The entitlement to a grant of letters of administration is still regulated by

the substantive provisions of s.12 and s.5 of the Intestates’ Estates and

Property Charges Act. However Rule 68.18 CPR 2002 has replaced the

former practice and introduced an order of priority with respect to letters

of administration. The conjunctive effect of the substantive law and Rule

68:18 is as follows:

•the beneficiaries of the estate are still entitled to apply for letters

of administration where the value of the intestate’s estate exceeds

one thousand dollars in accordance with the provisions of the

Intestates Estates and Property Charges Act;

•where the value of the estate exceeds one thousand dollars, and

a minor/minors is/are beneficiaries, the Administrator General

is required to apply for letters of administration, unless the court

otherwise orders. This position has been codified by Rule 68.18,

CPR 2002;

•Unlike the former practice of putting all beneficiaries into one