Probate and Administration

Probate and Administration
  1. What is Probate and Administration?
  2. Why is a Grant of Probate or Administration necessary?
  3. Who is entitled to a Grant?
  4. Is there a time limit within which to apply for a Grant?
  5. How do you apply for a Grant?
  6. What forms are there?
  7. What documents are required for the application?
  8. Is there a court cost to obtain a Grant
  9. What about stamp duty?
  10. Where do I file the application?
  11. What happens after the application is filed?
  12. Why is it necessary to publish the application?
  13. What is a Caveat?
  14. What happens after publication?
  15. Small Estates:
  16. What is my responsibility after receiving a Grant?

Resealing of Foreign Grants

Applications can be made by persons who have obtained a grant of representation from foreign courts in respect of the estates of persons who died domiciled outside the Cayman Islands leaving assets or property within the Islands.

Resealing is a procedure by which a grant of representation obtained in another probate jurisdiction is sealed with the seal of the Grand Court which renders the foreign grant of like force and effect in the Islands as a grant made in the jurisdiction in which the original application was made.

  • It is a convenient and expedient procedure as it obviates the necessity of applying for a local grant which would otherwise be necessary.
  • The Probate and Administration Rules (2001 Revised) sets out the provisions for the grant of resealing

Application for Resealing

Once the primary matters are attended to, preferably by a local attorney, the application for resealing should be made by providing the following documentation and information:

* certified copies of the foreign grant (which may include a will if applicable to the application);
* the name and description of the applicant including the capacity in which he/she is applying; whether as executor, attorney etc.
* a description of the foreign grant including the date of issue thereof; and
* the court out of which the grant was issued (although foreign grants made extra-judicially will be accepted for resealing if the judge is satisfied that that is the normal foreign procedure).

Location of the Probate Registry

The Civil Registry at the Courts Office

  1. Court Building
  2. Edward Street
  3. George Town
  4. Grand Cayman

Open to the public 9:00a.m. to 3:00p.m., Monday to Fridays
Primary Sources

Cayman Islands

  • Probate and Administration Rules (2001 Revised)
  • The Succession Law (2004 Revision)

England

  • Form PA2 of the English Rules and Forms (Printed by Satelite Press Limited (6.95))
  • Tristram and Coote Probate Practice; Butterworth, London Dublin & Edingburgh, 1996

Updated Date: December 1, 2011

Guidance Resources


Help Me Find…