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If you’re applying for a Grant of Letters of Administration and want to dispense with the requirement for sureties (guarantors), you can do so by filing a summons with supporting documents.
Who can apply? #
Only the administrator(s) of the estate may apply for dispensation of sureties. All co-administrators must agree and jointly make the application.
What must be included in the application? #
You must submit a summons and an affidavit that clearly states:
- Date of the deceased’s death.
- Efforts made to find sureties, or reasons why sureties cannot be found.
- For deaths before 15 February 2008, confirmation on estate duty (whether paid, exempt, postponed, or cleared).
- List of beneficiaries, their shares in the estate, their ages, and whether all adult beneficiaries consent.
- Details of any vulnerable beneficiaries (infants or those lacking mental capacity):
- Names, relationships to administrators.
- Any relevant Court orders under the Guardianship of Infants Act or Mental Capacity Act.
- Steps to protect their interests, such as how their inheritance will be managed.
- Whether the estate has unsecured creditors, the amount owed, and whether these creditors consent.
- Any other relevant information.
Supporting documents #
- Written consent from all adult beneficiaries. These must be signed in front of a solicitor or Commissioner for Oaths.
- If estate duty applies (for older estates), a letter from the Commissioner of Estate Duties.
- If no estate duty applies (pre-2008 deaths), a statement confirming this and that the Schedule of Property has been submitted to Court.
What happens if a creditor does not consent? #
You must serve them with your application and supporting affidavit and inform them of the hearing date.
How must vulnerable beneficiaries be protected? #
Steps must comply with the law and depend on the situation. For example:
- You may need a Court-appointed guardian for a minor’s share.
- Payments for maintenance or education must follow the Trustees Act limits.
