The Probate and Administration Rules

Rule 46 of The Probate and Administration Rules: Application under s. 35(3) of the Act

(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 applicant of such share of the estate of the deceased as the court thinks fit; and the application shall be supported by an affidavit in Form 17 verifying the contents of the summons and setting out the particulars required in section 35(4) of the Act so far as the deponent is able, as follows—
(a) whether the deceased had been married more than once under any system of law permitting polygamy and if so specifying the system and stating the number of spouses of the deceased living at the date of his death;
(b) the name of each spouse by whom the deceased was survived and whether each such spouse is living and, if so, his or her place of residence or, if not living, the date and place of his or her death;
(c) whether any spouse (if a widow) has re-married;
(d) the nature, situation and amount of the deceased’s property and of the capital of his or her net intestate estate other than personal and household effects and the extent to which such property and capital are comprised in the house, as defined in section 3) which the applicant belongs; of the Act, (if any) to
(e) whether any valid appointment of such estate has been made by the surviving spouse of the deceased pursuant to the power conferred by section 35(2) of the Act and, if so, in what manner;
(f) the full name, age, sex and last known address of each other child of the deceased by whom he or she was survived;
(g) particulars of the existing and future means and needs of the applicant and of the surviving spouse;
(h) particulars of any past, present or future capital or income from any source of the applicant and of each surviving spouse;
(i) whether the deceased had made any advancement or other gift to the applicant during his lifetime or by will;
(j) the situation and circumstances of any other person who has any interest in the net intestate estate of the deceased or (where the deceased died intestate as to part only of his estate) as a beneficiary under his will; and
(k) the general circumstances of the case including the reasons for the withholding or exercising by the surviving spouse of the power of appointment conferred by section 35(2) of the Act, the manner employed and particulars of any other application made under that section and the awarding of any property to the applicant under the provisions of section 26 or 35 Act.

(2) The summons and all supporting affidavits shall be filed in the registry and copies served upon the surviving spouse, any surviving children of the same spouse and upon such other persons as the registrar in writing directs.
(3) Upon the hearing of the application the court may direct that notice be given to such other persons as it deems fit and that such additional information be made available to the court as may be expedient to enable it to hear and determine the application or make such other order as the court considers proper.

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

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