Knowledge

Introduction 

Where an individual dies holding assets in the Cayman Islands (“Cayman”) in their name, the Succession Act (2006 Revision) provides that no person shall take possession of or in any manner administer any part of their estate without first obtaining a grant of representation in the Cayman Grand Court (the “Court”). The grant of representation appoints a personal representative in Cayman who may thereafter administer the estate of the deceased and, for example, in the case of shares in a Cayman company, validly transmit the shares to those persons entitled under the deceased’s will or intestacy. This memorandum sets out the basic procedure and costs involved in obtaining a grant.

Grant of Probate (Testate Estate)

Where the deceased died testate (leaving a will admissible for probate in Cayman), the documents which must be lodged by the executor(s) with the Court to obtain the grant of probate are:-

Within six months of the date of death:

• The original 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 translation).
• The application for the grant.
• The affidavit of executor in support of the application.
• A letter of authorization.
• The grant for sealing.

Within six months of the issue of the grant:

• An inventory of estate.

Within one year of the issue of the grant:

• The affidavit of general accounting which confirms to the Court that the administration of the Cayman estate is complete.

Grant of Letters of Administration (Intestate Estates)

Where the deceased died intestate (without leaving a will admissible for probate in the Cayman), in addition to the documents mentioned above, the Court will 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 drafted by us based on the written advice of the foreign lawyer and then sworn by the foreign lawyer.
• A bond given by the applicant(s) and a bond of surety given by some third party. These 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 additional documents which must be lodged with the Court are:

• The application for special leave.
• An affidavit in support explaining why the application is being filed out of time.

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 but such grants must be in a similar form to those issued by the Court. The procedure is similar to an application for a grant of probate or letters of administration although it will also be necessary to lodge a court certified copy of the overseas grant.

Additional Affidavits 

The Court may also request supplementary affidavits from any persons upon any matter in connection with the application that is filed.

Examples of such affidavits include:

• Affidavit of Plight and Condition.
• Affidavit of Attesting Witnesses.
• Affidavit of Law by foreign legal counsel.