Grant Of Administration

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Grant Of Administration - Cubelaw

Grant Of Administration

A Grant of Administration is a court order that appoints an administrator to manage a deceased person’s estate. You can apply for such an order if your loved one has passed away without preparing a will. A Grant of Administration also comes into effect if the appointed will executor is not capable of carrying out their responsibilities.

At Cube Law, we help you deal with the complexities of receiving this grant from the court in British Columbia. Our lawyers will guide you in taking a systematic route and making decisions in your best interest.

When Can You Apply For A Grant Of Administration?

Here are the most common scenarios when you can apply for a Grant of Administration:

  • If your family member passes away without a will
  • If the executor appointed in your loved one’s will does not wish to take up their responsibilities
  • If the court deems the will to be invalid
  • If the will executor passes away or becomes mentally incapable of managing your loved one’s wealth as per their will

Who Can Apply For A Grant Of Administration?

Here is the order of priority in which the law allows people to apply for a Grant of Administration:

  • The deceased person’s spouse (that the nominate)
  • Their child (adult) after receiving the consent of the majority of their siblings
  • Their adult child without anyone’s consent
  • An heir chosen by consensus
  • The deceased person’s friend, a professional, a public guardian, a trustee, or anyone else not falling into the above categories

Frequently Asked Questions

In BC, it usually takes around one year to receive a Grant of Administration. The exact time may depend on the complexity of your loved one’s estate and the contestations (if any).

Generally, an executor has one year to settle the estate and execute the will from the date of their client’s demise. This period is often referred to as the executor’s year.

If there is any dispute regarding the Grant of Administration, the court can ask the entitled administrator to take necessary actions through citation. If the case against the appointed administrator is strong and valid, the court may also replace them with a suitable alternative.

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