CIVIL PROCEDURE- GENERAL INTRODUCTION TO PROBATE AND ADMINISTRATION

Description

This lecture provides a a general introductory overview of Order 66 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47), which governs probate, letters of administration, and contentious probate proceedings. It is essential for litigation, estate practice, and court procedure. 1. JURISDICTION AND APPLICATION FOR GRANT Applications for probate or letters of administration must be made to the Court within whose jurisdiction the deceased had a fixed place of abode at death. Where there is no fixed abode, jurisdiction lies where the property is located. Where assets are spread across multiple jurisdictions, one court may assume jurisdiction, subject to notice to other registries. 2. PRESERVATION OF ESTATE The Court has wide powers to preserve estate property immediately upon death. It may appoint an officer or place property under seal. This prevents dissipation before formal administration begins. 3. INTERMEDDLING PROHIBITED Any person who, without authority, deals with the estate is deemed an intermeddler and assumes the liabilities of an executor. This includes potential criminal sanctions, reinforcing the principle that estate administration is strictly regulated. 4. DUTY TO APPLY FOR PROBATE Executors must apply for probate within three months of death or termination of proceedings. Failure may amount to intermeddling and contempt of court. 5. PRODUCTION AND EXAMINATION OF WILLS The Court may compel production of testamentary documents and examine persons believed to have custody or knowledge of such documents. This ensures transparency and prevents concealment. 6. NOTICE TO EXECUTORS AND RENUNCIATION The Court may cite executors to either prove the will or renounce probate within 14 days. Failure extinguishes their right, enabling others to apply for administration. 7. AFFIDAVITS AND PROOF REQUIREMENTS Applications must be supported by affidavits establishing identity, death, and value of estate. The Court must be satisfied as to the authenticity of the will and the proper execution under the Wills