Singapore legislation
Regulation 39
Regulation 39
Citation to accept or refuse or to take grant (P. 6, r. 39)
Subregulation 1
A citation to accept or refuse a grant may be issued at the instance of any person who would himself or herself be entitled to a grant in the event of the person cited renouncing his or her right to the grant.
Subregulation 2
Where power to make a grant to an executor has been reserved, a citation calling on him or her to accept or refuse a grant may be issued at the instance of —
the executors who have proved the will; or
the executors of the last survivor of deceased executors who have proved the will.
Subregulation 3
A citation calling on an executor who has intermeddled in the deceased’s estate to show cause why the executor should not be ordered to take a grant may be issued at the instance of any person interested in the estate at any time after the expiration of 6 months from the deceased’s death.
Subregulation 4
Despite paragraph (3), no citation to take a grant must issue while proceedings as to the validity of the will are pending.
Subregulation 5
A person cited who is willing to accept or take a grant may apply by originating application without notice to the Registrar for an order for a grant on filing an affidavit showing that he or she has filed a notice of intention to contest or not contest the citation in Form 172 and that he or she has not been served by the citor with any application for a grant to the citor.
Subregulation 6
If —
the time limited for filing a notice of intention to contest or not contest the citation has expired and the person cited has not filed such a notice; or
the person cited files a notice of intention not to contest the citation,the citor may —
in the case of a citation under paragraph (1), apply to the Registrar for —
an order that the person cited is deemed to have renounced his or her right to probate or letters of administration; and
permission to apply for a grant to the citor;
in the case of a citation under paragraph (2), apply to the Registrar for an order that a note be made on the grant that the executor in respect of whom power was reserved has been duly cited and has not filed a notice of intention to contest or not contest the citation or has not contested the citation (as the case may be) and that all his or her rights in respect of the executorship have wholly ceased; and
in the case of a citation under paragraph (3), apply to the Registrar by summons for an order requiring such person to take a grant within a specified time or for permission to apply for a grant to the citor or some other person specified in the summons.
Subregulation 7
An application under paragraph (6) must be by summons supported by an affidavit showing that the citation was duly served and that the person cited has not filed a notice of intention to contest or not contest the citation, or has filed a notice of intention not to contest the citation, as the case may be.
Subregulation 8
If the person cited has filed a notice of intention to contest the citation but has not applied for a grant under paragraph (5), or has failed to prosecute his or her application for a grant with reasonable diligence, the citor may —
in the case of a citation under paragraph (1), apply by summons supported by an affidavit to the Registrar for —
an order that the person cited is deemed to have renounced his or her right to probate or letters of administration; and
permission to apply for a grant to the citor;
in the case of a citation under paragraph (2), apply by summons supported by an affidavit to the Registrar for an order striking out the notice of intention to contest or not contest the citation and for the endorsement on the grant of a note mentioned in paragraph (6)(d); and
in the case of a citation under paragraph (3), apply by summons supported by an affidavit to the Registrar for an order requiring the person cited to take a grant within a specified time or for permission to apply for a grant to the citor or some other person specified in the summons.
Subregulation 9
Unless the Registrar otherwise directs, any summons and affidavit filed under this Rule must be served on the person cited.