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Part 6 · Non-Contentious Probate Proceedings

20. Right of assignee to grant (P. 6, r. 20)

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(1)

Where all the persons entitled to the deceased’s estate (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assignees must replace, in the order of priority for a grant of administration, the assignor or, if there are 2 or more assignors, the assignor with the highest priority.

(2)

Where there are 2 or more assignees, administration may be granted with the consent of the others to any one or more (not exceeding 4) of them.

(3)

In any case where administration is applied for by an assignee, the following must be filed with the Registry:

(a)

a copy of the instrument of assignment;

(b)

if the instrument of assignment is chargeable with stamp duty, a copy of the stamp certificate within the meaning given by section 2(1) of the Stamp Duties Act 1929 relating to that instrument.

Subregulation 1

Where all the persons entitled to the deceased’s estate (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assignees must replace, in the order of priority for a grant of administration, the assignor or, if there are 2 or more assignors, the assignor with the highest priority.

Subregulation 2

Where there are 2 or more assignees, administration may be granted with the consent of the others to any one or more (not exceeding 4) of them.

Subregulation 3

In any case where administration is applied for by an assignee, the following must be filed with the Registry:

(a)

a copy of the instrument of assignment;

(b)

if the instrument of assignment is chargeable with stamp duty, a copy of the stamp certificate within the meaning given by section 2(1) of the Stamp Duties Act 1929 relating to that instrument.

Report

Part 7

Contentious Probate Proceedings

Part 8

Inheritance (Family Provision) Act 1966

Part 9

Legitimacy Act 1934

Part 10

Wills Act 1838

Part 11

Disability

Part 12

Appeals from Applications in Actions, Registrar’S Decisions and Trials of Originating Application by District Judge or Magistrate

Part 13

Appeals from Judgments and Orders After Trial

Part 14

Transfer of Proceedings

Part 15

Contempt of Court

Part 16

Costs

Part 17

Court Fees

Part 18

Lodgment in Court, Money in Registry and Payment to Bailiff

Schedules