The Probate and Administration RulesRule 24 of The Probate and Administration Rules: Order to bring in a will or to attend for examination
(1) The court may, on the application by summons supported by affidavit of any person claiming to be beneficially interested in the estate of a deceased, or of its own motion, make an order requiring any other person to bring into any High Court registry any document being or appearing to be a testamentary instrument executed by, or in the presence and by the direction of, the deceased which is shown to be in the possession or under the control of such other person; and if it be not shown that any such document is in the possession or under the control of such other person but it appears that there are reasonable grounds for believing that he has knowledge of any such document the court may direct such other person to attend for the purpose of being examined in open court or in chambers respecting it or to answer upon oath interrogatories in the matter and if so directed to produce and lodge in court such document.
(2) If any person served with an order under subrule (1) denies that any document being or appearing to be a testamentary instrument executed by or in the presence and by the direction of the deceased person referred to in the summons is in his possession or under his control he may file an affidavit to that effect.
(3) Where a person served with an order under subrule (1) has in his possession or under his control a document referred to in such summons by virtue of his having been an advocate or other professional adviser acting for the deceased person by whom or by whose direction the document was executed, or for or in relation to his estate, or of his having been appointed an executor or trustee of the deceased person, he shall, in complying with the order, so inform the court in writing.
(4) If a person served with an order under subrule (1) fails to comply therewith so far as lies in his power he may be committed to prison for contempt of court for such period not exceeding twelve months as the court shall decide.
Check the current authoritative text and amendment history before relying on this provision.
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(1) Where, owing to special circumstances the urgency of the matter is so great that it would not be possible for the court to make a full grant of representation to the person who would by law be ent…
(1) Every application to a resident magistrate under section 49 of the Act for a temporary grant of representation limited to the collection of assets and payment of debts shall be by petition in Form…
(1) The making of a grant of representation under rule 36 or 37 shall be without prejudice to the right of the representative so appointed or of any other person to apply under any other provision of…
(1) Where all the persons entitled to the estate of the deceased (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assigne…
(1) Where the holder of a grant which has not been confirmed seeks confirmation of the grant he shall apply for such confirmation by summons in Form 108 in the cause in which the grant was issued, sup…
(1) At the hearing of the application for confirmation the court shall first read out in the language or respective languages in which they appear the application, the grant, the affidavits and any wr…
(1) An application under section 77 of the Act for the sealing of a grant issued by a court or other authority of a Commonwealth country or other country to which that section applies shall be made to…
(1) Where the holder of a grant seeks pursuant to the provisions of section 74 of the Act rectification of an error in the grant as to the names or descriptions of any person or thing or as to the tim…
(1) Where any person interested in the estate of the deceased seeks pursuant to the provisions of section 76 of the Act to have a grant revoked or annulled he shall, save where the court otherwise dir…
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(1) Every application to the court under section 35(3) of the Act shall be brought by summons in Form 105 in the cause in which the grant was confirmed and shall pray for the appointment to the applic…
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(1) Every application under section 61(2) of the Act for the revocation of a grant of probate of a will (or of a will and one or more codicils) and the grant of a new probate of the will (or of the wi…
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At every registry there shall be maintained a register called the wills register for that registry in which the following information shall be recorded relating to every will of a deceased person in r…
All original wills, or court authenticated copies thereof, of which probate or letters of administration with the will annexed have been granted by or applied for in any registry, shall be retained by…
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(1) Where the registrar considers that in any particular case a photographic copy of the original written will would not be satisfactory for purposes of record, he may require an engrossment suitable…
(1) Where a written will contains no attestation clause or the attestation clause is insufficient or where it appears to the court that there is some doubt about the due execution of the will, the cou…
(1) Where there appears in a written will any obliteration, interlineation or other alteration which is not authenticated in the manner prescribed by section 20 of the Act or by the re- execution of t…
