Family Justice (Probate and Other Matters) Rules 2024 · As enacted · Part 6 · Non-Contentious Probate Proceedings
20. Right of assignee to grant (P. 6, r. 20)
Feedback & supportWhere 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.
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.
In any case where administration is applied for by an assignee, the following must be filed with the Registry:
a copy of the instrument of assignment;
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 copy of the instrument of assignment;
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.