Citation and commencement.
Interpretation.
KAR D
(26 JI 1971.)
(I of 1971.)
(Cap. 300
Schedule.
Applications for grants through solicitors.
PROBATE AND ADMINISTRATION ORDINANCE 1971. (No. 26 of 1971).
NON-CONTENTIOUS PROBATE RULES 1971.
In exercise of the powers conferred by section 72 of the Probate and Administration Ordinance 1971, the Chief Justice bas made the following rules-
1. These rules may be cited as the Non-Contentious Probate Rules 1971, and shall come into operation on the 7th October 1971.
2. (1) The Interpretation and General Clauses Ordinance shall apply to the interpretation of these rules as it applies to the interpretation of an Ordinance.
(2) In these rules, unless the context otherwise requires- "the Ordinance" means the Probate and Administration Ordinance
1971:
"authorized officer" means any person who is for the time being
authorized by the Chief Justice to administer any oath or to take any affidavit required for any purpose connected with his duties,
"gross value" in relation to any estate means the value of the estate without deduction for debts, incumbrances, funeral expenses, or estate duty:
"path" means the oath required by rule 6 to be sworn by every
applicant for a grant:
"personal applicant" means a person other than a trust corpora- tion who seeks to obtain a grant without employing a solicitor, and "personal application" has a corresponding meaning: “usion of concubinage" shall have the same meaning ascribed to
it as is contained in the Intestates Estate Ordinance 1971; "will" includes a nuncupative will or a will which is valid accord- ing to the provisions contained in the Wills Ordinance and any testamentary document or copy or reconstruction thereof. (3) The forms referred to in the Schedule to these rules shall be prescribed forms and shall be adhered to with such variations or additions as circumstances may require.
3. (1) A person apply for a grant through a solicitor may apply at the Registry.
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(2) Every solicitor through whom an application for a grant is made shall give the address of his place of business within the jurisdiction.
(3) No application for a grant shall be made by post.
4. (1) A personal applicant may apply for a grant at the Registry.
(2) A personal applicant may not apply through an agent, whether paid or unpaid, and may not be attended by any person acting or appearing to act as his adviser.
(3) No personal application shall be received or proceeded with if
(a) it becomes accessary to bring the matter before the court
on motion or by action:
(b) an application has already been made by a solicitor on behalf of the applicant and has not been withdrawn; (c) the Registrar otherwise directs.
(4) After a will has been deposited in the Registry by a personal applicant, it may not be delivered to the applicant or to any other person unless in special circumstances the Registrar so directs.
(5) A personal applicant shall produce a certificate of the death of the deceased or such other evidence of the death as the Registrar may approve.
(6) A personal applicant may prepare the papers leading to the grant himself and lodge them in the Registry unsworn, or if the Registrar so directs shall supply all information necessary to enable such papers to be prepared in the Registry.
(7) Unless the Registrar otherwise directs, every oath, affidavit or guarantee required on a personal application shall be sworn or executed by all the deponents or obligors before an authorized officer.
(8) No legal advice shall be given to a personal applicant by any person in the Registry and every such person shall be responsible only for embodying in proper form the applicant's instructions for a grant.
(9) No application for a grant shall be made by post.
(10) Where the gross amount of an estate does not exceed $20,000 a personal applicant may make an informal application to the official administrator requesting him to administer the estate informally.
Personal applications,
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