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Grenada’s Estate/succession law: who is entitled to take charge of a deceased person’s estate

When individuals die, someone standing in their shoes- a personal representative – needs to administer whatever valuables they leave behind and or their obligations. Who is entitled to do so is prescribed by law.

Where there is a will, the following persons, in order of priority, may apply to the Court to become personal representatives:

  1. The executor(s), if named,
  2. The residuary beneficiary who is a trustee in relation to the residue,
  3. Any other residuary beneficiary,
  4. Any other beneficiary holding who is a trustee for any other person,
  5. Any beneficiary, 
  6. Any beneficiary of the undisposed residuary estate; or 
  7. Such other person as the Court may direct. 

However, where the person dies without a valid will, then the order is as follows:

  1. Surviving spouse,
  2. Child or children of the deceased or a grandchild whose parent died before the deceased,
  3. Parent(s),
  4. Sibling(s) of the whole blood, or children of such persons who died before the deceased,
  5. Sibling(s) of the half blood, or children of such persons who died before the deceased,
  6. Grandparent(s),
  7. Aunts and uncles of the whole blood, or children of aunts or uncles who died before the deceased,
  8. Aunts and uncles of the half blood, or children of aunts or uncles who died before the deceased,
  9. The Crown (ie, the Government),
  10. A creditor or person interested in the estate of the deceased, or 
  11. Such other person as the Court may direct.

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