probate and inheritance

When a person dies somebody has to deal with their estate by collecting in all the money, paying any debts and distributing what is left to those people entitled to it. Fenech & Fenech Advocates has throughout the years assisted a vast number of clients in all aspects of inheritance law, both within the Maltese jurisdiction and also in relation to assets outside the Maltese territory. Our dedicated specialists provide excellent services in all related issues, including but not limited to the obtaining of grants of representation issued by the Probate sections in foreign jurisdictions, especially those in the United Kingdom and the Channel Islands.

 

Probate is the court’s authority given to a person or persons to administer a deceased person’s estate and the document issued by the Probate Service is called a Grant of Representation. This document is usually required by the asset holders as proof to show the correct person or persons have the Probate Service’s authority to administer a deceased person’s estate. It is needed to protect the interests of the estate and beneficiaries. Before releasing money or other assets owned by the deceased, those holding the assets, such as banks, need to know that they are dealing with someone who has the legal authority to deal with the deceased’s affairs. The grant of representation provides that assurance. It is also needed to confirm that the will made by the person who has died is valid.

 

A Grant of Representation is obtained by applying to the appropriate section of the Probate Registry in the required jurisdiction. Generally, the basis of the mentioned application is an affidavit, sworn by the person applying, stating how he or she is entitled to act. A person’s entitlement to take a grant depends on the circumstances of the individual case, and is laid down by law. If the facts contained in the affidavit meet the legal requirements, a grant of representation will be issued.

 

Our team at Fenech & Fenech provides a comprehensive, client-focused and efficient service to assist you or administer on your behalf, the estate of a deceased person in order to ensure that the objectives, wishes and desires of the deceased and those left behind are met expeditiously and effectively.