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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. Personal representative of a residuary beneficiary,
  5. Any other beneficiary or creditor, or
  6. Personal representative of another beneficiary or creditor.

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), or
  10. A creditor.

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