Grants
A Grant 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.
A Grant allows money of the deceased held in banks, managed funds etc., to be collected, property to be sold or transferred, debts to be paid and the estate to be managed generally.
The Grant is proof that the person named in the Grant is entitled to collect and distribute the estate of the deceased.
Grants issued by the court include:
- Probate
- 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.
- Letters of Administration (with the Will annexed)
- 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 Rules 2017 rule 18 usually the person who has the greatest beneficial interest under the Will).
- Letters of Administration
If a person dies without a Will the Court may issue 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 Probate Rules 2017 rule 19.
- Other Grants issued by the Court include
- Reseals of foreign Grants, Letters of Administration pendete lite, Letters of Administration ad colligenda bona, Letters of Administration de bonis non, Cessate Probate and Double Probate.
Procedure
Once you have determined the application you need to make you will need to prepare the application documents and file your application in the Probate Registry.
For people who do not wish to engage a lawyer, the Supreme Court has prepared information kits for applicants in person which can be used as guides on how to apply. The kits are available on the Information Kits page.