The Probate and Administration Rules

Rule 45 of The Probate and Administration Rules: Application under s. 26 of the Act

(1) Every application to the court under section 26) of the Act shall, where a grant has been applied for or made but not confirmed, be brought by summons in Form 106 in that cause, or, where no grant has been applied for, be brought by petition in Form 96; and the summons or petition and supporting affidavit shall be filed in the registry and copies thereof served upon the personal representative of the deceased: Provided that, if representation has not been granted to any person, a copy of the petition and supporting affidavit shall be served upon the persons who appear to be entitled to apply for a grant under the Act.
(2) The application shall be supported by evidence on affidavit in Form 15 or 16 stating that no grant of representation to the estate of the deceased has been confirmed and containing, so far as may be within the knowledge of the applicant, the following information and particulars—
(a) the date of the death of the deceased and whether he died testate or intestate and, if testate, the date of his last will and whether oral or written;
(b) the relationship of the applicant to the deceased and the grounds upon which, having regard to the provisions of section 29 of the Act, the applicant claims to have been a dependant of the deceased at the time of his death;
(c) the name and address of every other dependant of the deceased at the time of his death;
(d) whether the deceased made any gift in contemplation of death (whether or not falling within the provisions of section 31 of the Act) and, if so, the nature, amount and value thereof;
(e) whether a grant to the estate of the deceased has been issued and, if so, to whom and upon what date;
(f) the nature, situation and amount of the deceased’s property and the value of his net estate;
(g) any past, present or future capital or income of the applicant derived or expected to be derived from any source;
(h) the existing and future means and needs of the applicant;
(i) whether the deceased had during his lifetime made any advancement or other gift to the applicant;
(j)the conduct of the applicant in relation to the deceased;
(k) the situation and circumstances of the deceased’s other dependants (if any) and of the beneficiaries under any will of the deceased; and
(l) the general circumstances of the case including the deceased’s reasons for not making provision for the applicant.

(3) Copies of the proceedings shall be served upon such persons (if any) as the court may direct.
(4) The application shall without delay be set down by the registry before the court for hearing upon notice to the applicant and to such persons as have been served with the proceedings and to such other persons (if any) as the court may direct.
(5) At the hearing of the application the court shall have regard to the information and particulars referred to in subrule (2) and also to such evidence as may be adduced as to the conduct of the applicant in relation to the deceased as required by paragraph(e) of section 28 of the Act.

Check the current authoritative text and amendment history before relying on this provision.

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