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Wills & Probate

Wills & Probate Service

When a person dies leaving assets in the Cayman Islands it is not possible to deal with those assets without first obtaining a grant of representation from the Cayman Islands Grand Court.

This process can be an emotional process for loved ones, that is why PMC345 Consultancy professionals are here to remove that added burden from you. PMC345 Consultancy will draft all necessary documents for you to obtain a grant of representation from the Grand Court.

There are two aspects of how a person can obtain a grant from the Grand Court of the Cayman Islands:

  • Probate – this is where the deceased dies leaving a will
  • Letters of Administration – This is where the
    deceased dies leaving no will but there are assets to be dealt with.

The Grand Court of the Cayman Islands also recognized foreign grants of Probate or Letters of Testamentary. When a person dies and their loved ones obtain probate or letters of testamentary overseas but the deceased has assets in the Cayman Islands, the personal representative that has been awarded a grant overseas may seek a reseal of that foreign grant in the Cayman Islands Grand Court in order to deal with the deceased Cayman assets.

PMC345 Consultancy will draft all required documents for you to enable you to make the filing a simpler process. We are aware that often persons seeking to reseal a foreign grant do not know the laws and procedures, that’s where we are here to help.

FAQ

Probate

A When a person dies and leaves an estate somebody has to deal with the estate (this includes money, property, and other possessions) by collecting all the estate, paying any debts, and distributing the estate to those persons entitled to it.
A The issuing of a legal document called a Grant to one or more persons authorizing them to deal with a deceased person’s estate. A grant of probate is issued where a will is left by the deceased and the will is proven to the satisfaction of a judge to be a valid will.

A grant of Letters of Administration is issued by a judge where no will has been left. These are issued to the person or persons who are entitled according to the Succession Act of the Cayman Islands to benefit from the deceased person’s estate.
A Persons or organizations holding money or other assets in the deceased’s name will need to know who will be entitled to it and the grant is proof that the person named in it has a legal entitlement as executor or administrator.

The grant serves as proof to anyone wishing to see it that the person named in it is entitled to collect and distribute the estate.
A The Rules that govern the administration of estates in the Cayman Islands are the Probate and Administration Rules.
  • If there is a will with named executors, they are the first persons entitled to a grant.
  • If there are no executors, the next person(s) entitled to a grant is any person named in the will to whom the deceased leaves all his estate (or the remainder after the gifts have been paid).
  • If the deceased has not made a valid will, then the application for a grant should be made by his or her next of kin in the following order of priority:
    • Husband or Wife
    • Sons or Daughters
    • Parents
    • Brothers or Sisters of the whole blood (the deceased’s brothers or sisters)
    • If there are no brothers or sisters of the whole blood then brothers and sisters of the half blood.
    • More distant relatives
A A grant cannot be issued to any person under the age of 18.
A you have six months from the date of the death.
A Yes, you can, but to get it right PMC345 can assist you with drafting the documents for you to file with the Cayman Islands Grand Court.

FAQ

Wills

A A Will is a document of wishes, where a person leaves their estate to beneficiaries. It is necessary to have a will so your wishes and the distribution of your assets are clear.

A will must be signed by the person making it in the presence of two witnesses, both of whom must be present at the time of signing.

A will is not valid in the Cayman Islands unless:
  • it is in writing; handwritten or typed is acceptable
  • signed by the person making the will or some other person with his/her instruction.
  • A will has to be signed at the end
  • A Will must be signed by the person making in the presence of two witnesses present at the same time, or the will must be signed on his behalf in front of two witnesses.
A
  • appoint an executor (male) or executrix (female)
  • appoint a trustee(s) where there is a trust arising under the will
  • appoint guardian(s) to look after minor children
A A will do not take effect until a person dies. A beneficiary (a person entitled by the will to receive assets left by the deceased) does not have any interest in a testator’s assets while he/she is alive.
A The principal benefits of having a will are that it dictates how your assets are divided amongst your beneficiaries on your death, it provides certainty for your family and dependents and allows you to plan for their financial futures.
A A will can be challenged by a person who believes that they are entitled to be a beneficiary or have such other interest in the deceased’s assets.
A There are no requirements in the Wills Act as to who can be a witness save that any witness has to be mentally competent. A blind person is incapable of witnessing a will since the will have to be witnessed (signed) in his/her ‘presence’ and he/she is unable to ‘witness’ the act.
A You can keep your will in a safe place or if you have a trusted friend or family member you can have them keep your will.
A A will is valid until either it is revoked or until probate has been granted by the Grand Court. Upon the grant of probate, the executor has one year to administer, divide and distribute the deceased’s estate in accordance with the terms of the will.
A A will by its very nature can be revoked. There are four methods of revocation:
  • marriage or civil partnership, except a will made in the exercise of a power of appointment
  • burning, tearing or otherwise destroying of a will or codicil by the testator with the intention of revoking it
  • drafting of another will or codicil executed in the manner required by law and
  • duly executed writing by the testator declaring an intention to revoke.
  • No will, when revoked, will be revived otherwise than by re-execution or codicil.
A Where a will named a testator’s child as a beneficiary and that child dies before the testator but left a child(ren) of their own, that child(ren) will be entitled to receive their parent’s share of the estate.

For Wills & Probate Support

When a person dies leaving assets in the Cayman Islands it is not possible to deal with those assets without first obtaining a grant of representation from the Cayman Islands Grand Court.

This process can be an emotional process for loved ones, that is why PMC345 Consultancy professionals are here to remove that added burden from you. PMC345 Consultancy will draft all necessary documents for you to obtain a grant of representation from the Grand Court.

There are two aspects of how a person can obtain a grant from the Grand Court of the Cayman Islands:

  • Probate – this is where the deceased dies leaving a will
  • Letters of Administration – This is where the deceased dies leaving no will but there are assets to be dealt with.

The Grand Court of the Cayman Islands also recognized foreign grants of Probate or Letters of Testamentary. When a person dies and their loved ones obtain probate or letters of testamentary overseas but the deceased has assets in the Cayman Islands, the personal representative that has been awarded a grant overseas may seek a reseal of that foreign grant in the Cayman Islands Grand Court in order to deal with the deceased Cayman assets.

PMC345 Consultancy will draft all required documents for you to enable you to make the filing a simpler process. We are aware that often persons seeking to reseal a foreign grant do not know the laws and procedures, that’s where we are here to help.

FAQ

Probate

A When a person dies and leaves an estate somebody has to deal with the estate (this includes money, property, and other possessions) by collecting all the estate, paying any debts, and distributing the estate to those persons entitled to it.
A The issuing of a legal document called a Grant to one or more persons authorizing them to deal with a deceased person’s estate. A grant of probate is issued where a will is left by the deceased and the will is proven to the satisfaction of a judge to be a valid will.

A grant of Letters of Administration is issued by a judge where no will has been left. These are issued to the person or persons who are entitled according to the Succession Act of the Cayman Islands to benefit from the deceased person’s estate.
A Persons or organizations holding money or other assets in the deceased’s name will need to know who will be entitled to it and the grant is proof that the person named in it has a legal entitlement as executor or administrator.

The grant serves as proof to anyone wishing to see it that the person named in it is entitled to collect and distribute the estate.
A The Rules that govern the administration of estates in the Cayman Islands are the Probate and Administration Rules.
  • If there is a will with named executors, they are the first persons entitled to a grant.
  • If there are no executors, the next person(s) entitled to a grant is any person named in the will to whom the deceased leaves all his estate (or the remainder after the gifts have been paid).
  • If the deceased has not made a valid will, then the application for a grant should be made by his or her next of kin in the following order of priority:
    • Husband or Wife
    • Sons or Daughters
    • Parents
    • Brothers or Sisters of the whole blood (the deceased’s brothers or sisters)
    • If there are no brothers or sisters of the whole blood then brothers and sisters of the half blood.
    • More distant relatives
A A grant cannot be issued to any person under the age of 18.
A you have six months from the date of the death.
A Yes, you can, but to get it right PMC345 can assist you with drafting the documents for you to file with the Cayman Islands Grand Court.

FAQ

Wills

A A Will is a document of wishes, where a person leaves their estate to beneficiaries. It is necessary to have a will so your wishes and the distribution of your assets are clear.

A will must be signed by the person making it in the presence of two witnesses, both of whom must be present at the time of signing.

A will is not valid in the Cayman Islands unless:
  • it is in writing; handwritten or typed is acceptable
  • signed by the person making the will or some other person with his/her instruction.
  • A will has to be signed at the end
  • A Will must be signed by the person making in the presence of two witnesses present at the same time, or the will must be signed on his behalf in front of two witnesses.
A
  • appoint an executor (male) or executrix (female)
  • appoint a trustee(s) where there is a trust arising under the will
  • appoint guardian(s) to look after minor children
A A will do not take effect until a person dies. A beneficiary (a person entitled by the will to receive assets left by the deceased) does not have any interest in a testator’s assets while he/she is alive.
A The principal benefits of having a will are that it dictates how your assets are divided amongst your beneficiaries on your death, it provides certainty for your family and dependents and allows you to plan for their financial futures.
A A will can be challenged by a person who believes that they are entitled to be a beneficiary or have such other interest in the deceased’s assets.
A There are no requirements in the Wills Act as to who can be a witness save that any witness has to be mentally competent. A blind person is incapable of witnessing a will since the will have to be witnessed (signed) in his/her ‘presence’ and he/she is unable to ‘witness’ the act.
A You can keep your will in a safe place or if you have a trusted friend or family member you can have them keep your will.
A A will is valid until either it is revoked or until probate has been granted by the Grand Court. Upon the grant of probate, the executor has one year to administer, divide and distribute the deceased’s estate in accordance with the terms of the will.
A A will by its very nature can be revoked. There are four methods of revocation:
  • marriage or civil partnership, except a will made in the exercise of a power of appointment
  • burning, tearing or otherwise destroying of a will or codicil by the testator with the intention of revoking it
  • drafting of another will or codicil executed in the manner required by law and
  • duly executed writing by the testator declaring an intention to revoke.
  • No will, when revoked, will be revived otherwise than by re-execution or codicil.
A Where a will named a testator’s child as a beneficiary and that child dies before the testator but left a child(ren) of their own, that child(ren) will be entitled to receive their parent’s share of the estate.

Wills & Probate Service

For Wills & Probate Support

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