MODULE 3

LIMITED
SECOND AND SUBSEQUENT
GRANTS OF REPRESENTATION
 LEARNING OUTCOMES

• Identify the circumstances under which limited grants of representation

may be required;
• Identify and discuss the following:
• Grants to attorney;
• Grants for the use and benefit of a minor;
• Grants pursuant to an order for leave to swear death; and
• Grants when the original will has been lost, damaged or destroyed.
 LEARING OUTCOMES CONTINUED

• Identify and discuss the circumstances under which a grant de bonis

administratus is necessary;
• Identify the requisite applicant(s) for each type of grant;
• Understand the processes including a preliminary application to the
Court to obtain leave to apply for a limited grant and the requisite
documentation required therefor; and
• Draft the oath/affidavit to lead to the grant in each instance.
 GRANTS MADE TO AN ATTORNEY

• ISSUED TO A DONEE UNDER A POWER OF ATTORNEY

• INSTANCES WHEN REQUIRED INCLUDE WHERE THE PERSON

WITH PRIORITY TO APPLY IS:
• OUT OF THE JURISDICTION
• HAS A PHYSICAL CHALLENGE WHICH PREVENTS
HIM FROM ACTING IN PERSON
 GRANTS TO AN ATTORNEY –CONT’D

• MAY BE USED IN EITHER A TESTACY OR INTESTACY

• NOTE THAT THE POWER OF ATTORNEY MUST BE PREPARED,

EXECUTED AND REGISTERED IN ACCORDANCE WITH THE LAWS OF
THE TERRITORY IN WHICH IT IS TO BE USED
• THE POWER OF ATTORNEY MAY BE EITHER GENERAL OR LIMITED.
• THE GRANT WOULD HAVE EFFICACY UNTIL THE POWER OF
ATTORNEY IS REVOKED OR ON THE DEATH OF EITHER THE DONOR
OR DONEE
 GRANTS FOR THE USE AND BENEFIT
OF A MINOR

• MAY BE NEEDED EITHER ON A TESTACY OR ON AN

INTESTACY
• THE PERSON ENTITLED TO THE GRANT IS A MINOR
• THE APPLICANT WOULD BE EITHER THE STATUTORY
OR COURT APPOINTED GUARDIAN OF THE MINOR
• THE GRANT WOULD HAVE EFFICACY ONLY UNTIL
THE MINOR ATTAINS THE AGE OF MAJORITY.
 GRANTS MADE PURSUANT TO AN
ORDER FOR LEAVE TO SWEAR DEATH

• MAY BE NEEDED EITHER ON A TESTACY OR AN INTESTACY

• APPLICANT WOULD BE THE EXECUTOR(S) ON A TESTACY
• APPLICANT WOULD BE THE INTENDED ADMINISTRATOR(S)
ON AN INTESTACY BASED ON THEIR STATUTORY PRIORITY
• THERE IS NO DEATH CERTIFICATE ISSUED SINCE NO
REMAINS OF THE TESTATOR OR INTESTATE HAVE BEEN
LOCATED.
 GRANTS MADE PURS UANT TO AN ORDER F OR
L EAVE TO S WE AR DEATH
CONT’D

• Person could have been at the scene of a tragic event either natural or
otherwise, e.g. , flooding, tidal surge, tsunami, plane crash, sinking of a
vessel, act of terrorism

• Person may have not been seen or heard from for a lengthy period of
time- common law suggests for a period of at least seven (7) years.
 GRANTS MADE PURS UANT TO AN ORDER F OR
L EAVE TO S WE AR DEATH
CONT’ D- PROCE DURE

• Application must first be made pursuant to your CPR for an Order that
the person is deemed to have died on a particular date
• Done by way of a Fixed Date Claim Form or Fixed Date Application
supported by Affidavit
• Once the Order is obtained then the regular procedure is followed
pursuant to your NCPR for the “Limited” grant;
• The Order of the Court MUST be annexed to the application;
• The Grant is limited until such time as revoked.
 GRANTS WHERE THE ORIGINAL WILL HAS
BEEN LOST, DAMAGED OR DESTROYED

• ONLY APPLICABLE IN INSTANCES OF TESTACY

• APPLICANT WOULD BE THE EXECUTOR(S)
• THE ORIGNAL WILL OF THE TESTATOR HAS BEEN LOST;
SIGNIFICANTLY DAMAGED OR DESTROYED;
• THE PRESUMPTION OF REVOCATION MUST BE REBUTTED
• THERE MUST BE AN ALTERNATIVE TO THE ORIGINAL WILL
WHICH IS CAPABLE OF BEING ADMITTED TO PROOF E.G. A
PHOTOCOPY, DRAFT ETC.
 GRANT S WHERE THE OR IGI NAL W ILL HAS BE EN
LOST, DAMAGE D OR DES TROYED-
PR OCEDURE

• Application must first be made pursuant to your CPR for an Order admitting to proof
the Last Will and Testament of the testator as contained in some form other than the
original
• Done by way of a Fixed Date Claim Form or Fixed Date Application supported by
Affidavit
• Once the Order is obtained then the regular procedure is followed pursuant to your
NCPR for the “Limited” grant;
• The Order of the Court MUST be annexed to the application;
• The Grant is limited until such time as the original will or a more authentic copy is
admitted to proof.
 SECOND/SUBSEQUENT GRANTS-
GRANT OF LETTERS OF ADMINISTRATION DE
BONIS NON ADMINISTRATUS
(WITH WILL ANNEXED- WHERE APPLICABLE)

• NOTE THAT THIS IS A SECOND GRANT.

• IT CAN BE REQUIRED IN EITHER CASES OF TESTACY OR
INTESTACY
• THE APPLICANT WOULD DEPEND ON THE FACTUAL
CIRCUMSTANCES, THE TYPE OF FIRST GRANT OBTAINED
AND THE GRANTEE UNDER THE FIRST GRANT
 DE BONIS NON GRANTS- CONT’D

• THE FOLLOWING CRITERIA MUST BE PRESENT:

• A FIRST GRANT WAS OBTAINED IN THE ESTATE
• THE SOLE GRANTEE OR LAST SURVIVING GRANTEE HAS DIED OR IS
INCAPABLE OF CONTINUING TO ACT IN THE ESTATE
• THERE IS PART OF THE ESTATE THAT HAS BEEN LEFT
UNADMINISTERED
• FURTHER IN ALL TERRITORIES EXCEPT BARBADOS NO CHAIN OF
REPRESENTATION/EXECUTORSHIP EXISTS.
 DE BONIS NON GRANTS- CONT’D
PROCEDURE

• THE RULES OF THE NCPR OF YOUR TERRITORY ARE TO BE UTILISED

• IT WOULDTAKE THE USUAL FORMAT FOR THE APPLICATION FOR A
GENERAL GRANT
• NOTE HOWEVER THE FOLLOWING
• THE FIRST GRANT MUST BE REFERRED TO IN THE OATH/AFFIDAVIT OF THE
APPLICANT AND EXHIBITED
• THE CIRCUMSTANCES OF THE FIRST GRANTEE MUST BE ACCOUNTED FOR
• THE VALUE OF THE UNADMINISTERED ESTATE MUST BE REFERENCED IN THE
DOCUMENTS
• THERE IS NO NEED FOR ANOTHER AFFIDAVIT OF DUE EXECUTION