Duhaime's Law Dictionary


Cessate Grant Definition:

A grant of probate that is made after a limited grant has served its purpose.

Related Terms: Probate, De Bonis Non

Also called a cessate probate or a supplemental grant of probate.

A cessate grant of probate follows after and is thus distinguished from a initial limited grant of probate.

A cessate grant takes effect after some other limited grant of probate which was limited to a period of time, or until the happening of a specified contingency.

Cessate grant countdown clockFor example, the initial grant of probate may have been made pendente lite, and the cessate grant of probate to take effect after the end of the lawsuit.

According to the 27th edition of Tristram and Coote's Probate Practice, a cessate grant:

"... may be made upon the effluxion of time or the accomplishment of the event or contingency pending which a limited grant has been made."

A cessate grant is for the probate of the entire estate and not just a specific asset, as is often the case with a grant de bonis non.

REFERENCES:

  • Yeldham, R. F. and others, Tristram and Coote's Probate Practice, 27th Ed. (London: Butterworths, 1989), page 420.

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