Grants where two or more persons entitled in same degree

Rule 25 of Non-Contentious Probate Rule states that :


(1) A grant may be made to any person entitled thereto without notice to any other persons entitled in the same degree.


(2) A dispute between persons entitled to a grant in the same degree shall be brought by summons before the Registrar.


(3) Unless the Registrar otherwise directs, administration shall be granted to a living person in preference to the personal representative of a deceased person who would, if living, be entitled in the same degree and to a person not under disability in preference to an infant entitled in the same degree.


(4) Upon the issue of a summons under paragraph (2) of this rule the person issuing such summons shall enter a caveat.


(5) If a summons is issued under paragraph (2) of this rule the Registrar shall not allow any grant to be sealed until such summons is finally disposed of.

Comments are closed.