1. Grants ofGrants of AdministrationAdministration in thein the
Supreme Court of JamaicaSupreme Court of Jamaica
Jamaica Bar Association SeminarJamaica Bar Association Seminar
June 6-7, 2015June 6-7, 2015
Presenters:Presenters: Nicole Walters -Wellington,Nicole Walters -Wellington,
Registrar (Ag.)Registrar (Ag.)
Meisha – Ann Kelly, Deputy RegistrarMeisha – Ann Kelly, Deputy Registrar

2. Grants of Administration
1. Grant of Probate
2. Grant of Letters of Administration
3. Grant of Letters of Administration with Will
Annexed
4. Resealed Grants
5. Grant of Letters of Administration with Will
Annexed De Bonis Non
6. Grant of Letters of Administration De Bonis
Non
7. Grant of Probate by Representation
8. Grant of Double Probate

3. Applications for Grant of ProbateApplications for Grant of Probate
1.1. The following documents must be filed whenThe following documents must be filed when
applying for probate:applying for probate:
a.a. Original will and codicil where applicable.Original will and codicil where applicable.
b.b. Certified Copy of Original Death Certificate. IfCertified Copy of Original Death Certificate. If
unavailableunavailable, file Affidavit in Proof of Death., file Affidavit in Proof of Death.
c.c. Oath of Executor - should account for non-Oath of Executor - should account for non-
applying executors by reserving power, showingapplying executors by reserving power, showing
renunciation or death of co-executorrenunciation or death of co-executor

4. Applications for Grant of ProbateApplications for Grant of Probate
2. Additional Documents that may be required:
a. Affidavit of Due Execution
b.b. Affidavit of Knowledge and AcceptanceAffidavit of Knowledge and Acceptance
c.c. Affidavit of DelayAffidavit of Delay
d.d. Affidavit of AliasAffidavit of Alias
e.e. Affidavit of HandwritingAffidavit of Handwriting
f.f. Affidavit of SearchAffidavit of Search
g.g. An Affidavit of Plight and ConditionAn Affidavit of Plight and Condition

5. Applications for Grant of ProbateApplications for Grant of Probate
3.3. The following should also be noted:The following should also be noted:
a.a. Only an executor can apply for probate – AgentOnly an executor can apply for probate – Agent
acting under Power of Attorney from executor mustacting under Power of Attorney from executor must
apply for L/A with Will Annexed.apply for L/A with Will Annexed.
b.b. If no executor is named in the will, application mustIf no executor is named in the will, application must
be made for L/A with Will Annexed.be made for L/A with Will Annexed.
c.c. AA primaryprimary executor and aexecutor and a substitutesubstitute executor cannotexecutor cannot
generally obtain probate jointly. Onlygenerally obtain probate jointly. Only co-executorsco-executors
can apply for probate jointly.can apply for probate jointly.

6. Applications for Grant of ProbateApplications for Grant of Probate
d.d. Marking clause must be endorsed on the actualMarking clause must be endorsed on the actual
will (top, bottom, margins or back of the last page)will (top, bottom, margins or back of the last page)
e.e. Same JP/Notary Public and the same date are toSame JP/Notary Public and the same date are to
be used in the jurat of the documents as well asbe used in the jurat of the documents as well as
the related marking clause.the related marking clause.
f.f. Grants from non-commonwealth countries e.g.Grants from non-commonwealth countries e.g.
USA cannot be resealed - treated as regularUSA cannot be resealed - treated as regular
probate application. File certified copy of grant &probate application. File certified copy of grant &
will endorsed with seal of foreign court.will endorsed with seal of foreign court.

7. Applications for Grant of LettersApplications for Grant of Letters
of Administration (L/A)of Administration (L/A)
1.1. The following documents must be filed when applyingThe following documents must be filed when applying
for Grant of Letters of Administration (L/A):for Grant of Letters of Administration (L/A):
a.a. Certified Copy of Original Death CertificateCertified Copy of Original Death Certificate
b.b. Oath of Administrator - state applicant’sOath of Administrator - state applicant’s
capacity/relationship e.g. spouse or childcapacity/relationship e.g. spouse or child andand
account for other beneficiaries (Consent, Deedaccount for other beneficiaries (Consent, Deed
Renunciation or Notice and proof of service).Renunciation or Notice and proof of service).
c.c. If applicant is applying as personal representative ofIf applicant is applying as personal representative of
a beneficiary, grant issued in the beneficiary’sa beneficiary, grant issued in the beneficiary’s
estate must be filed.estate must be filed.

8. Applications for Grant of LettersApplications for Grant of Letters
of Administration (L/A)of Administration (L/A)
d.d. Deceased beneficiaries – where a beneficiaryDeceased beneficiaries – where a beneficiary
survives the deceased but later dies, notice should besurvives the deceased but later dies, notice should be
sent to their personal representative or beneficiaries.sent to their personal representative or beneficiaries.
e.e. Administrator-General’s CertificateAdministrator-General’s Certificate
f.f. Tear sheetsTear sheets
NBNB: Beneficiaries who are alive are ranked higher than the: Beneficiaries who are alive are ranked higher than the
personal representative of a deceased spouse whopersonal representative of a deceased spouse who
survived the deceased but died without obtaining L/A.survived the deceased but died without obtaining L/A.
2.2. Additional Documents that may be required:Additional Documents that may be required:
a.a. Affidavit of DelayAffidavit of Delay
b.b. Affidavit of AliasAffidavit of Alias

9. Applications for Grant of LettersApplications for Grant of Letters
of Administration (L/A)of Administration (L/A)
3.3. The following should also be noted:The following should also be noted:
a.a. ApplicantApplicant mustmust fall within the Order of Priority listedfall within the Order of Priority listed
in the CPR.in the CPR.
NB:NB: stepchildren, grandchildren (acting in their ownstepchildren, grandchildren (acting in their own
right), care givers, cousins, nieces and nephewsright), care givers, cousins, nieces and nephews
(acting in their own right) or persons raised by the(acting in their own right) or persons raised by the
deceaseddeceased cannotcannot obtain L/A.obtain L/A.
b.b. Common Law spouses – applicant should obtainCommon Law spouses – applicant should obtain
court order declaring spouseship prior to filingcourt order declaring spouseship prior to filing
application for L/A.application for L/A.

10. Applications for Grant of L/AApplications for Grant of L/A
with Will Annexedwith Will Annexed
1.1. Application arises where deceased diedApplication arises where deceased died testatetestate
but a person other than an executor seeks tobut a person other than an executor seeks to
prove the will (usually a beneficiary). Typicallyprove the will (usually a beneficiary). Typically
arises where:arises where:
a.a. No executor appointed in the willNo executor appointed in the will
b.b. Executor appointed in the Will has died in theExecutor appointed in the Will has died in the
lifetime of the testator, or after his death,lifetime of the testator, or after his death,
without proving the Will.without proving the Will.

11. Applications for Grant of L/AApplications for Grant of L/A
with Will Annexedwith Will Annexed
c.c. The executor has renounced probateThe executor has renounced probate
d.d. Executor has been cited to accept or refuse probateExecutor has been cited to accept or refuse probate
and has not entered an appearanceand has not entered an appearance
e.e. Executor gives Power of Attorney to agent to make theExecutor gives Power of Attorney to agent to make the
application on his/her behalf.application on his/her behalf.
NBNB: entitlement to obtain this grant is: entitlement to obtain this grant is notnot based onbased on
applicant’s relationship to the deceased but is basedapplicant’s relationship to the deceased but is based
on applicant’s benefits under will.on applicant’s benefits under will.

12. Applications for Grant of L/AApplications for Grant of L/A
with Will Annexedwith Will Annexed
2.2. The following documents must be filed when applyingThe following documents must be filed when applying
for L/A with Will Annexed:for L/A with Will Annexed:
a.a. Certified Copy of Original Death CertificateCertified Copy of Original Death Certificate
b.b. Oath of Administrator with Will Annexed – stateOath of Administrator with Will Annexed – state
capacity in which applicant is seeking grant (deviseecapacity in which applicant is seeking grant (devisee
or legatee) and account for other beneficiariesor legatee) and account for other beneficiaries
named in the will.named in the will.
c.c. NoticeNotice
d.d. ConsentConsent
e.e. Tear sheetsTear sheets

13. Applications for Grant of L/AApplications for Grant of L/A
with Will Annexedwith Will Annexed
3.3. Additional Documents that may be requiredAdditional Documents that may be required
a.a. Affidavit of DelayAffidavit of Delay
b.b. Affidavit of Due ExecutionAffidavit of Due Execution
c.c. Affidavit of HandwritingAffidavit of Handwriting
d.d. Affidavit of SearchAffidavit of Search
e.e. Affidavit of AliasAffidavit of Alias
f.f. Affidavit of Knowledge and AcceptanceAffidavit of Knowledge and Acceptance
g.g. An Affidavit of Plight and ConditionAn Affidavit of Plight and Condition

14. Applications for Grant of L/AApplications for Grant of L/A
with Will Annexedwith Will Annexed
4.4. Application for L/A with will annexed cannot beApplication for L/A with will annexed cannot be
obtained where:obtained where:
a.a. Will invalid – intestacy arises. Apply for L/A.Will invalid – intestacy arises. Apply for L/A.
b.b. Original will lost or destroyed - Apply for Probate ofOriginal will lost or destroyed - Apply for Probate of
copy/reconstructed will.copy/reconstructed will.
c.c. Issues concerning due execution of will– Apply forIssues concerning due execution of will– Apply for
Probate and address issues in Affidavit of DueProbate and address issues in Affidavit of Due
Execution.Execution.

15. Applications for Grant of L/A withApplications for Grant of L/A with
Will AnnexedWill Annexed
5.5. The following should also be noted:The following should also be noted:
a.a. Residuary beneficiary is ranked in priority to all otherResiduary beneficiary is ranked in priority to all other
beneficiaries.beneficiaries.
b.b. Where executors cannot be located – Citation to accept orWhere executors cannot be located – Citation to accept or
refuse probate should be issued. If no appearance entered,refuse probate should be issued. If no appearance entered,
file application for L/A with will annexed; otherwise a courtfile application for L/A with will annexed; otherwise a court
order must be obtained.order must be obtained.
c.c. Personal Representative of a deceased beneficiary who isPersonal Representative of a deceased beneficiary who is
applying for this grant must file grant issued in theapplying for this grant must file grant issued in the
beneficiary’s estate.beneficiary’s estate.

16. Application for Grant of Administration De
Bonis non Administratis - Rule 68.48
1. Arises where a Grant of Administration
(Probate, L/A or L/A with will annexed) was
previously issued by the court but the grantee
has died without fully winding-up the estate.
2. Applicable only when the previous grant was
issued by a Jamaican Court (Supreme Court
or RMC).

17. Application for Grant of Administration
De Bonis non Administratis - Rule 68.48
3. The following documents must be filed when
applying for a De Bonis Non grant:
a) Oath of Administrator with will annexed De
Bonis Non (where the deceased died testate)
or
b) Oath of Administrator De Bonis Non (where
the deceased died intestate)
c) Proof of previous grant issued by the court
d) Proof of death of the grantee(s)

18. Application for Grant of Administration
De Bonis non Administratis - Rule 68.48
4. Oath must include the following:
a. Details of the unadministered part of the estate and
b. A statement that there is no personal
representative either in his own right or by chain ofchain of
representationrepresentation.
NB: Chain of Representation “runs” through the
survivingsurviving proving executorproving executor. If previous grant issued by
court was for Probate, the Oath must establish that the
“chain” is broken or does not exist by accounting for all
Executors named in the will .

19. Application for Grant of Administration
De Bonis non Administratis - Rule 68.48
5. Order of Priority for applicants differ based on whether the
deceased died testate or intestate:-
a. Testacy – follows the order of priority for Grant of L/A
with will annexed (rule 68.11).
NB: Surviving beneficiaries under the willunder the will and also the
personal representative of a deceased beneficiary may
apply. Consent/notices may also be required
b. Intestacy – follows the order of priority for Grant of L/A.
NB: Surviving beneficiaries of the deceased and also
the personal representative of a deceased beneficiary
may apply. Consent/notices may also be required

25. Common areas for requisitionCommon areas for requisition
1)1) Jurat – not properly completed (dated, signedJurat – not properly completed (dated, signed
and sealed) by deponent and JP/Notaryand sealed) by deponent and JP/Notary
Public.Public.
2)2) Estate values – incomplete or inaccurate. TheyEstate values – incomplete or inaccurate. They
should be set out as follows:should be set out as follows:
a)a) gross and net personal estategross and net personal estate
b)b) gross and net real estategross and net real estate
c)c) gross annual value (10% of the gross realgross annual value (10% of the gross real
estate).estate).

26. Common areas for requisitionCommon areas for requisition
3)3) Marking ClauseMarking Clause
a)a) Will not marked or the marking clause isWill not marked or the marking clause is
incomplete (undated or unsigned).incomplete (undated or unsigned).
b)b) Will incorrectly marked e.g. on instruction,Will incorrectly marked e.g. on instruction,
backing/cover page, in body of will or on abacking/cover page, in body of will or on a
separate sheet of paper.separate sheet of paper.
c)c) JP and date stated in marking clause doesJP and date stated in marking clause does
not correspond with the JP and date stated innot correspond with the JP and date stated in
jurat of the corresponding document.jurat of the corresponding document.

27. Common areas for requisitionCommon areas for requisition
4)4) Affidavit of Plight And Condition – improper useAffidavit of Plight And Condition – improper use
of the phrase “save and except that statedof the phrase “save and except that stated
above”.above”.
5)5) Affidavit of Alias – true full name of deceased isAffidavit of Alias – true full name of deceased is
not statednot stated oror no reason stated for inclusion ofno reason stated for inclusion of
additional name(s).additional name(s).
6)6) Power of Attorney/Deed of Renunciation – notPower of Attorney/Deed of Renunciation – not
recorded at the Island Records office.recorded at the Island Records office.

28. Common areas for requisitionCommon areas for requisition
7)7) Notary Public Certificate – certificate not filedNotary Public Certificate – certificate not filed
when documents witnessed in non-when documents witnessed in non-
commonwealth jurisdiction.commonwealth jurisdiction.
8)8) Inconsistent spelling of names in application –Inconsistent spelling of names in application –
usually occurs with the deceased’s and theusually occurs with the deceased’s and the
applicant’s name.applicant’s name.
9)9) Failure to file exhibits that are referenced in theFailure to file exhibits that are referenced in the
oath or other affidavits filed.oath or other affidavits filed.

29. Common areas for requisitionCommon areas for requisition
10)10) Order of priority – Applicant does not fall inOrder of priority – Applicant does not fall in
order of priorityorder of priority oror fails to account for otherfails to account for other
beneficiaries who fall in the same degree orbeneficiaries who fall in the same degree or
higher.higher.
11)11) Stamp Duty – Grants stamped with incorrectStamp Duty – Grants stamped with incorrect
amounts. See new Fee Schedule in Jamaicaamounts. See new Fee Schedule in Jamaica
Gazette dated July 20, 2011.Gazette dated July 20, 2011.
12)12) Draft Grant – Four copies (with will attached)Draft Grant – Four copies (with will attached)
must be filed withmust be filed with allall new applications.new applications.