Intestate

Intestate

Intestate means an Estate where the deceased did not execute a valid will. Even if they did make a will it may be deemed invalid for any number of technical reasons. For example if the will was not properly witnessed, if the person making the will did not have Testamentary Capacity (there is a test to establish if the Testator is capable of executing a will).  The will may be struck down due to its physical condition. It may also be partially invalid if it does not  deal with all the assets in the Estate.

In all of the above the Estate is deemed to either Intestate or partially Intestate.

The following core documents are required to apply for the Grant of Administration;

  • Death Certificate or Interim Certificate of death
  • Inland Revenue Affidavit
  • Oath of Administrator
  • Administration Bond (this is the principal additional document to the Probate appliction)
  • Certificate of current market value

In addition to the above the following documents may also be required

  • Affidavit of plight
  • Affidavit of attesting witness
  • Affidavit of mental capacity