The Probate and Administration RulesRule 58 of The Probate and Administration Rules: Title and cause number of proceedings
(1) Every application under these Rules which relates to the will, or to the devolution of property on the intestacy, of a deceased person in regard to whom or whose property there are no proceedings either pending or concluded under the Act shall be headed "In the Matter of the Estate of (name) Deceased" and shall be given by the registry in which it is made a cause number which shall identify the registry and the year of commencement of the proceedings, and all such applications within such registry shall be numbered consecutively for that year.
(2) Where at the time of the making of an application relating to the will, or to the devolution of property on the intestacy, of a deceased person there are pending or have previously been proceedings under the Act regarding that or any other will or the property of such person, the application shall be made in and bear the cause number of those proceedings.
(3) Where proceedings under the Act are transferred by order of the court from one registry to another the original cause number shall be amended by the addition thereto after the name of the transferring registry of the words "now............(name of the new registry)".
Check the current authoritative text and amendment history before relying on this provision.
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Where copies of any documents lodged, filed or issued in or from a registry are required such copies may, subject to the provisions of these Rules, be obtained from the registry, and such may be photo…
The costs of all proceedings under these Rules shall be in the discretion of the court.
The forms set out in the First Schedule, with such adaptations, additions and amendments as may be necessary, shall, when appropriate, be used in all proceedings under these Rules: Provided that the C…
(1) The fees to be paid in proceedings under these Rules shall be those set out in the Third Schedule and shall be paid in cash. (2) The Chief Justice may from time to time by notice in the Gazette am…
(1) Subject to the provisions of the Act and in any particular case to any direction given by the court, these Rules shall apply to every application and proceeding which is pending on the date on whi…
Nothing in these Rules shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
The Probate and Administration (Contested Suits) Rules, 1940, (G.N. 264/1940) are revoked.
