Confirmation of Grant: Overcoming a Protest and Finally Distributing the Estate

Obtaining a grant of letters of administration is only the halfway point in succession. The administrator cannot distribute the estate, and beneficiaries cannot register land in their names, until the grant is confirmed. Confirmation is also the stage at which disputes most often surface, usually through a protest.

What confirmation involves. Under section 71 of the Law of Succession Act, the administrator applies to confirm the grant, generally after six months from its issue. The application sets out the proposed distribution. The court must be satisfied that all dependants and beneficiaries are identified, that their shares are properly worked out, and that the administrator has properly administered the estate.

Protests. A person who objects to the proposed distribution may file an affidavit of protest. Typical grounds are that a beneficiary has been left out, that a share is unfair, or that a particular asset is not estate property. The court then hears the protest, usually through affidavit evidence and sometimes oral evidence, before ruling.

How protests are defeated. A protest succeeds or fails on evidence. Petitioners who prepare well usually show:

• a complete list of beneficiaries, with consents where obtainable;
• documentary proof of the estate's assets and their ownership;
• a distribution that follows the Act, or the deceased's wishes where there is a valid will; and
• answers to each specific allegation in the protest.

After confirmation. Once the grant is confirmed, the administrator extracts the certificate of confirmation. This is the document land registries, banks and other institutions require before transferring assets to beneficiaries. The administrator must then complete distribution and account for the estate.

Takeaways. Disclose all beneficiaries from the start, because hidden heirs are the commonest cause of protests and later revocation applications. Keep the paperwork on every asset in order. After confirmation, move promptly to transmit assets, since delay invites fresh disputes.