to Section Clou
pitten Report
neyed.
MINUTE UPON
THE PROBATES ORDINANCE, 1897.
This Ordinance consolidates, with some amendments and additions, the various Ordinances on the local Statute Book having reference to probates of wills and letters of administration of the estates of deceased persons, to the rules of administration of such estates, to the mode of dealing with probates and letters of administration granted in places out of the Colony, and to certain special cases in which summary mode of administering the estates of deceased persons has been provided by law. These Ordinances are nine in number, and they will be found enumerated in the Third Schedule to the Bill. The main object of the Ordinance is not so much to change or alter the provisions of the law on this subject, which have on the whole worked in a satisfactory manner, as to simplify and improve their method and arrangement.
2. The only changes of any importance have relation to the office of Official Administrator. By section 19, provision is made for the summary administration of the estates of persons dying intestate, where the whole value of the estate does not exceed $50. Section 20 specifies the cases in which this officer is entitled to apply for and obtain letters of administration. This section embodies the present practice which has not hitherto received legislative sanction, and the same remark applies to sections 21 and 22. By section 23 an obligation is laid upon the Official Administrator to bring the administration of an estate in his hands to a close within the same time as an ordinary administrator is required to do. By section 24 the commission hitherto collected upon monies received by the Official Administrator receives legislative sanction. Section 25 applies to monies received or taken possession of by the Official Administrator under the powers conferred upon him by section 14—which is a re-enactment of the existing law—the provisions of The Unclaimed Balances Ordinance, 1885. Sections 26 and 27, relating to the keeping of books by the Official Administrator and the inspection thereof by persons desirous to inspect the same, and to the right of persons applying for office copies of documents to have the same, are taken from the Administrator General's Ordinance, 1887, of British Guiana, sections 15 and 16.
Section 48 gives the Court the same power as to costs as it has in its ordinary jurisdiction.
Section 74 relating to rules and orders of the Court is in substance a re-enactment of section 10 of Ordinance No. 9 of 1870, slightly amplified. It appears that no rules or orders have been made under that enactment, but the custom has been, in case of any contentious business arising, to act upon the power conferred by section 11 of the last-mentioned Ordinance, and to direct that the rules and orders of the English Court of Probate shall, with the necessary modifications, be in force in the Court pro hac vice. It is proposed to frame rules or orders based upon those in force in England.
3. Sections 10 and 11 of Ordinance No. 8 of 1860, relating to affidavits, etc., as amended by Ordinance No. 1 of 1861, have been omitted because they appear to be superseded by the provisions on that subject of The Evidence Consolidation Ordinance, 1889.
W. Meigh Goodman, Attorney General,
13321
RECD \REGS 21 JUN 97
No. 7 of
No. 2 of 1987
627
to Section Clou
pitten Report
neyed.
MINUTE UPON
THE PROBATES ORDINANCE, 1897.
This Onlinance consolidates, with some amendments and additions, the varions Ordinamees on the local Statute Book having reference to probates of wills and letters of administration of the estates of deceased persons, to the rules of administration of such estates, to the mode of dealing with probates and letters of mulministration granted in places out of the Colony, and to certain special cases in which summary mode of administering the estates of deceased persons has been provided by law. These Ördin- auces are nine in number, and they will be found enumor- ated in the Third Sehelale to the Bill. The main object of the Ordinance is not so much to change or alter the pro- visions of the law on this subject, which have on the whole worked in a satisfactory manner, as to simplify and improve their method and arrangement.
2. The only changes of any importanco have relation to the office of Official Administrator. By section 19, pro- vision is made for the samunary administration of the estales of persons dying intestate, where the whole value of the estate docs not excoed $50. Section 20 apecifies the cases in which this officer is entitled to apply for and obtain letters of administration. This section embodies the present practice which has not hitherto received legislative sanction, and the same remark applies to sections 21 and 22. By section 23 an obligation is laid upon the Official Admi- nistrator to bring the administration of an estare in his hunds to a close within the same time as an ordinary adoi- nistrator is required to do. By section 24 the commission hitherto collecral upon moueys received by the Official Ad- jinistrator receivos legislative sanction. Section 25 applies to moneys received or takon possession of by the Officia! Administrator under the powers conferred upon him by section 14-which is a re-enactment of the existing law -the provisions of The Unclaimed Balances Ordinance, 1885. Sections 26 and 27, relating to the keeping of books by the Official Administrator and the inspection thereof by persons desirous to inspect the same, and to the right of persons applying for office copies of documents to have the same, aro takeu from the Administrator General's Onlinance, 1887, of British Guiana, sections lā ami 16.
Section 48 gives the Court the same power as to posts as it bas in its ordinary jurisdiction.
Section 74 relating to rules and orders of the Court is in substance a re-enactment of section 10 of Ordinance No. 9 of 1870, slightly amplified. It appears that no rules or orders have been made under that enactment, but the custom has been, in case of any contentions business arising, to act upon the power conferred by section II of the last- mentioned Ordinance, and to direct that the rules and orders of the English Court of Probate shall, with the necessary modifications, be in force in the Court pro hac vice. It is proposed to frame rules or orders based upon those in force in England.
3. Sectious 10 and 11 of Ordinance No. S of 1860, relating to affidavits, etc., as amendel by Ordinance No. 1 of 1861, have been omitted because they appear to be superseded by the provisions on that subject of The Evidence Consoli- dation Ordinance, 1889.
W. MeiGH Goopmas, Attorney General,
13321
REC? \REGS 21 JUN 97
No. 7 of
No. 2 of 1987
627
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