Our team at Charles Gomez & Co provide legal assistance to next of kin and executors in obtaining a grant of Probate or Letters of Administration. We advise on all testamentary matters.
Distribution by Will
Where a person leaves a Will, the named executors must obtain a certificate known as a ‘Grant of Probate’ from the Supreme Court of Gibraltar. Without it the assets of a deceased person may not be accessed or dealt with.
This Court application is supported by a sworn Oath containing an undertaking by the Executor(s) to investigate and collect all the assets of the deceased and to distribute them in accordance with the intentions stated in the Will.
Succession on Intestacy
Where there is no Will, the next of kin can apply for a certificate known as ‘Letters of Administration’.
Again without Letters of Administration the assets of a deceased person neither be accessed nor dealt with.
The Court will seek to appoint an Administrator of the estate, normally a close relation of the deceased. Once the assets have been collected by the Administrator, they have to be distributed in accordance with the mandatory rules on intestacy prescribed by law.
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