When a person dies leaving assets in Tasmania, somebody (usually the Executor of the person’s will) has to deal with the person’s estate.
Generally this will involve:
In order to perform these tasks a Grant of Representation may be required.
A Grant of Representation is a legal document issued under the Seal of the Court which enables the person(s) named as Executor(s) or Administrator(s) to deal with the assets held by the deceased in Tasmania. It allows money of the deceased held in banks, managed funds etc, to be collected, property to be sold or transferred and debts to be paid. The Grant is proof to anyone wishing to sight it that the person named in the Grant is entitled to collect and distribute the estate of the deceased.
Probate is the process of officially proving the validity of a will as being the last will of the deceased. A Grant of Probate is issued when the deceased’s last will and testament is proved by one or more Executors named in the will.
Representation in these cases is generally granted where the deceased has left a valid will but the person named as Executor cannot or will not apply for a Grant. The Grant will generally be made in favour of the person who has priority as set out in Probate Rule 21 (usually the person who has the greatest proprietary interest under the will).
If a person dies without a will or any will made is not valid, the Court issues a Grant of Letters of Administration. In most instances the Grant is made to the next of kin of the deceased. For example it could be the spouse, partner or child of the deceased. The order of priority of who can apply is set out in Rule 22 of the Probate Rules.
The information provided above is not intended to be legal advice. It is recommended that when seeking to obtain a grant of representation to administer the estate of a deceased that legal advice is obtained from a solicitor with expertise in this area of law. It is recommended you contact the Law Society of Tasmania.