The surviving grandchild/grandchildren of the deceased are entitled to share in the estate. An application should be made by one or more of the grandchildren of the deceased. Click on the relevant situation below to see an example of what should be entered in the text box on RedCrest-Probate (on the ‘Relationship Details’ screen) in answer to the question ‘Why is the plaintiff entitled to administer the estate?’ (this will populate in paragraph 8 of the affidavit of the plaintiff):
I am one of the surviving grandchildren of the deceased. The deceased left no spouse, domestic partner, registered caring partner or children that survived the deceased by 30 days or more. The deceased had no grandchildren who died before of within 30 days of the deceased leaving their own children who survived the deceased by 30 days or more. Therefore, I along with the other grandchildren of the deceased are entitled to share in the estate.
I am the only surviving grandchild of the deceased. The deceased left no spouse, domestic partner, registered caring partner, children or other grandchildren that survived the deceased by 30 days or more. The deceased had no grandchildren who died before of within 30 days of the deceased leaving their own children who survived the deceased by 30 days or more. Therefore, I am solely entitled to share in the estate.
Important Instructions
- If the deceased was never married and was born a male, proof of paternity for all children must be filed in support of the application. The most common way to prove paternity is to file a certified copy of the birth certificate of the children showing that the deceased is named as the father.