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In forceAmended2001 Revised Edition

38L. Application for inheritance certificate

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Amended

Last amended by an amending law of 2022.

(1)

For the purposes of section 115 of the Act, an application for an inheritance certificate must —

(a)

be made through the electronic system; and

(b)

be accompanied by a declaration and any other document that the Court may require.

(2)

The declaration in paragraph (1) must —

(a)

provide for a party to declare that the information contained in the application is true, correct and complete; and

(b)

be made by any of the following persons:

(i)

where the applicant is an individual claiming to be a beneficiary — by the applicant or a solicitor authorised to act on behalf of the applicant;

(ii)

where the applicant is a court or an authority under a duty to determine the person entitled to an estate or the shares of 2 or more of such persons — by an individual authorised by the court or authority;

(iii)

where the applicant is an entity claiming to be a beneficiary — by an individual authorised by the entity.

Subregulation 1

For the purposes of section 115 of the Act, an application for an inheritance certificate must —

(a)

be made through the electronic system; and

(b)

be accompanied by a declaration and any other document that the Court may require.

Subregulation 2

The declaration in paragraph (1) must —

(a)

provide for a party to declare that the information contained in the application is true, correct and complete; and

(b)

be made by any of the following persons:

(i)

where the applicant is an individual claiming to be a beneficiary — by the applicant or a solicitor authorised to act on behalf of the applicant;

(ii)

where the applicant is a court or an authority under a duty to determine the person entitled to an estate or the shares of 2 or more of such persons — by an individual authorised by the court or authority;

(iii)

where the applicant is an entity claiming to be a beneficiary — by an individual authorised by the entity.

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