Cayman - Grants of Probate, Letters of Administration and Resealing Foreign Grants

• Testate estates and grant of probate
  
  
• Intestate estates and grant of letters of administration
  
  
• Re-sealing a foreign grant

Once obtained, such grant of representation appoints a personal representative in the Cayman Islands who may then administer the estate of such deceased person and, for example, in the case of shares in a Cayman Islands company, validly transmit the deceased shareholder’s shares to those persons entitled under the deceased's will or intestacy. This memorandum sets out below the basic procedure and costs involved with obtaining a grant of representation in the Cayman Islands.

Testate estates (grant of probate)

Where the deceased dies testate (leaving a will admissible for probate in the Cayman Islands), the documents which must be lodged by the executor(s) with the Grand Court of the Cayman Islands (the "Court") to obtain the grant of probate are as follows:

Within six months of the date of death

1. The original will or a court certified copy.

2. 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 translation).

3. The application for the grant.

4. The affidavit of executor in support of the application.

5. A letter of authorisation.

6. The grant for sealing.

Within six months of the issue of the grant

7. An inventory of estate.

Within one year of the issue of the grant

8. The affidavit of general accounting which confirms to the Court that the administration of the
Cayman estate is complete and the Cayman proceedings can close. 

Intestate estates (grant of letters of administration)

Where the deceased dies intestate (without leaving a will admissible for probate in the Cayman Islands), in addition to the documents mentioned at 2 to 8 above, the Court is likely to require the following to be lodged:

1. 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.

2. A bond given by the applicant(s) and a bond of surety given by some third party. Both the bond and surety are usually for an amount double that of the sworn value of the Cayman estate.

Application for special leave

If an application is filed outside of the six month time period from the date of death, it will be necessary for the executor(s) or proposed administrator(s) to make an application to the Court for special leave to apply out of time. The documents which must be lodged with the Court are as follows:

1. The application for special leave.

2. The affidavit in support of the application for special leave which sets out the circumstances of why the application is being filed out of time.

3. 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 translation).

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's estate, it may be possible for this foreign grant to be resealed by the Court. However, such grants must be in a similar form to those issued by the 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.

Additional affidavits

It is within the power of the Court to request supplementary affidavits from any persons upon any matter in connection with the application that is filed. Examples of such affidavits include the following:

1. Affidavit of Plight and Condition.

2. Affidavit of Attesting Witnesses.

3. Affidavit of Law by foreign legal counsel.

Fees

It is generally the case that the documents listed at 3 to 8 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 professional legal fees are usually in the range set out below:

1. obtaining/resealing a grant of probate - US$6,000 to US$8,000 plus disbursements which are in the region of US$500.

2. obtaining letters of administration with or without the will annexed - US$8,000 to US$10,000 plus disbursements which are in the region of US$500.

3. an application for special leave - US$3,000 to US$4,000 plus disbursements which are in the region of US$250.

4. inventory of estate - US$1,500 to US$2,000 plus disbursements which are in the region of US$50.

5. affidavit of general accounting - US$1,500 to US$2,000 plus disbursements which are in the region of US$50.

6. each additional affidavit - US$1,500 to US$2,000 plus disbursements which are in the region of US$50 per affidavit.

Such indications of costs assume that the matter does not become complicated or protracted and the Court does not raise any requisitions on the applications.