GRANTS OF PROBATE/LETTERS OF ADMINISTRATION/RESEALING FOREIGN GRANTS IN THE CAYMAN ISLANDS
Where the deceased dies testate (leaving a Will admissible for probate in Cayman), the documents which must be lodged with the Cayman court to obtain the grant of probate are as follows:
- The Will or a court certified copy.
- A true copy of the death certificate certified as such by
the issuing authority. If the death certificate is other than
in English, it will be necessary to submit an official
- The application for the grant.
- The affidavit of executor.
- A letter of authorization.
- The grant for sealing.
- An inventory (this must be lodged within one year of the
issue of the grant).
Where the deceased died intestate (without leaving a Will admissible for probate in Cayman), in addition to the documents mentioned at 2 to 7 above, the court is likely to require the following to be lodged:
- If the deceased's domicile is other than the
Cayman Islands, an affidavit of law given by a lawyer
qualified in the jurisdiction of the deceased's
domicile. This is usually prepared by us based on the written
advice of the foreign lawyer.
- A bond of surety given by some third party. Such bond is
usually for an amount double that of the value of the Cayman
Resealing A Foreign Grant
Where a grant of probate or letters of administration has already been obtained from a foreign court in respect of the deceased estate, it may be possible for this to be resealed by the Cayman court. However, such grants must be in a similar form to those issued by the Cayman court. The procedure is similar to an application for a Cayman grant of probate or letters of administration although it will also be necessary to lodge a court certified copy of the grant.
It is generally the case that the documents listed at 3 to 9 above would need to be prepared by a Cayman lawyer and then, in the case of the affidavits, sworn before a notary public/British Consular official. Our costs in respect of obtaining/resealing a grant are usually in the region of US$6,000.00 to US$8,000.00 plus disbursements which are usually in the region of US$500.00.
Grant Stein, Partner
Andrew Miller, Partner
Anthony Partridge, Associate
Garry Mason, Associate
Peter Harris, Partner
David Pytches, Associate
British Virgin Islands
Christopher McKenzie, Partner
Carol Hall, Partner
Rod Palmer, Partner
David Whittome, Partner
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.