Tips In Brief

Required Information:

• Proposed name(s) of the Company;
• Preference for the use of the words “Limited”, “Corporation” or “Incorporated” or the abbreviation “Ltd.” “Corp.” or “Inc.”
• Nature of business the Company is to carry on and any restrictions on such business;
• The mailing address of the Company;
• The registered office of the Company;
• The minimum and maximum number of directors of the Company;
• The name, address, nationality and occupation of the directors;
• Whether it is a private or public Company;
• The class and maximum number of shares that the Company is authorised to issue; and,
• Restrictions on transfer of shares;

Under Grenada laws, there is an order of priority with the first person entitled to apply being the surviving spouse of the deceased; followed by the children of the deceased, and the issue of any child who died before the deceased.  

The following are the first set of documents which are required to be filed to obtain the Grant: 

1. an application for a grant of letters of administration; 

(b) a certificate of search confirming that– 

(i) no other grant has been issued; 

(ii) no other application for a grant has been made; or 

(iii) no caveats have been filed;

1. an oath of the Administrator;

1. a certified copy of the death certificate of the deceased;

1. a declaration and account of the estate of the deceased.;

1. a certified copy of the birth certificate or marriage certificate or both of the applicant; and, 

1. bond

As a preliminary matter, written correspondence must be submitted to the Registrar requesting a certificate of search listed at (b) above. 

Additionally, preliminary correspondence should be submitted to all banking institutions for the purpose of confirming whether the deceased had any dealings, accounts, or safe deposit boxes at these said institutions. This information is required for the declaration stated in clause (e) above, which must contain among other things information on the cash held in accounts and outstanding loan/mortgage balances.

If the Deceased died leaving real property assets, copies of the Deeds for each property, along with either Valuations or the most recent Property Tax Demand Notices for each property should also be provided to Counsel.

After the foregoing documents are filed, there is a requirement for an advertisement of the application for the Grant to be published in a local newspaper for two consecutive weeks. After publication of the advertisements, there is a requirement to file copies of the newspapers evidencing publication of the advertisement at the Probate Division of the Supreme Court Registry. 

Thereafter, and provided everything is in order, the application will be considered by the relevant judicial officer and an order for the Grant will be issued for filing. Once the order is filed, the Grant is prepared and filed. Upon receiving the Grant same must then be recorded in the Deeds and Land Registry. 

The process, from the date of filing the application to the date of receipt of the recorded grant takes approximately 6-8 weeks

The singular ground on which a divorce petition can be made is that the marriage has broken down irretrievably. The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the Petitioner satisfies the Court of one or more of the followings facts, that is to say –   

1. that the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent;
2. that the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent;
3. that the Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
4. that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the Respondent consents to a decree being granted;
5. that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition. 

The following are the documents which are required to be filed to initiate divorce proceedings: 

1. Petition; 
2. Notice of Proceedings;
3. Certificate with Regard to Reconciliation;
4. Statement of Arrangements for Child(ren), if any;
5. Consent, if proceeding on the ground of two-years separation with consent.

While there is no legal obligation on a Testator/Testatrix to devise or bequeath property to family members or dependants, there is no legislation in Grenada similar to the UK Inheritance Provision for Family and Dependants Act 1975. Therefore, if a Testator/Testatrix fails to make provision for a family member or dependant who is reliant on him/her for their maintenance, that family member or dependant will not be able to make a claim for maintenance out of the Estate of the Testator/Testatrix.  

The application process is approximately 6 months from the filing date.