Grants of Representation

• Author: Karen Nunez-Tesheira
• Pages: 71-84

Grants of Representation / 71

INTRODUCTION

There are certain preliminary matters which must be attended to before

the relevant grant of representation may be applied for. One such matter is

whether the deceased died testate or intestate.

If he has died testate, the will must be obtained from the intended

grantee unless the grant being sought is:

(a) a second or subsequent grant, in which event the will would have

already been proved; or

(b) a special type of limited grant such as a pendente lite or an ad colligenda

bona grant, in either of which instance the will is neither proved nor

lodged with the papers to lead the grant.

Once the will is required, however, as is usually the case, it may be

discovered that the will is not in the possession or custody of the proposed

grantee, but may have been lodged with another firm of attorneys-at-law,

in which event a letter will have to be written to the firm on behalf of the

proposed grantee, requesting same. Alternatively, it may be discovered that

the will is deposited in a safety deposit box with the deceased’s bankers. In

such instances the bank may not allow the executor access to the box so a

letter will have to be written requesting that the proposed grantee (usually

the executor) be permitted to rake delivery of the will. Or, as in some

territories, it may be deposited in the Registry of the High/Supreme Court

for custody and safe-keeping.

PRELIMINARY MATTERS

1. Deposit and Extraction of Wills of Living Persons

Barbados, Dominica, Grenada, Guyana, Montserrat and Trinidad & Tobago1

In the above-mentioned territories, a testator may deposit his will in the

Registry for safekeeping and custody.

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Grants of Representation