Introduction

The Main Scenarios

1. The deceased dies without a Will anywhere in the world - he is said to be fully intestate
2. The deceased dies with a foreign Will which is admitted to "Probate" overseas, such Will covering the deceased's world-wide assets
3. The deceased dies with a foreign Will in a non-probate jurisdiction, such Will covering the deceased's world-wide assets
4. The deceased died with several Wills in different jurisdictions (one of which may or may not have been the Cayman Islands)

The deceased dies without a Will anywhere in the world

• The application for the Grant of Letters of Administration
• An affidavit of the proposed administrator, coving a number of prescribed matters
• A true copy of the death certificate:  This must be certified as a true copy by the issuing authority
• If the death certificate is not in English, an official translation of it will be needed before a Grant can issue in the Cayman Islands
• An affidavit of law provided by a lawyer qualified in the jurisdiction of the deceased's domicile at the time of death
• A bond of surety given by a third party.  This bond is usually for an amount double the value of the Cayman Islands estate
• A letter of authorisation, permitting a Cayman Islands Attorney at Law to deal with the extraction of the Grant of Letters of Administration on behalf of the person entitled to the Grant
• If the application for a Grant is made more than 6 months after the date of death of the deceased, an additional application for "Special Leave" is required

The deceased dies with a foreign Will which is admitted to "Probate" overseas

The deceased dies with a foreign Will in a non-probate jurisdiction

1. The person entrusted with the administration of the estate by a court having jurisdiction at the place where the deceased died domiciled;
2. To the person who is beneficially entitled to the estate under the laws of the deceased's last domicile; or
3. To such other person as the judge considers appropriate

The deceased died with several Wills in different jurisdictions (one of which may or may not have been the Cayman Islands)