CHAPTER 61 - PROBATES (RESEALING) ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Probates (Resealing) Rules of Court
PROBATES (RESEALING) RULES OF COURT
[Sections 7 and 8]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Rules
Rule
1. Title
2. Application for sealing
3. Oath
4. Advertisement of sealing
5. Application by creditor
6. Evidence of domicile
7. Domicile outside jurisdiction
8. Letters of Administration Executor Testamentary
9. Delay in application to seal
10. Notice of sealing
11. Notice of alteration in grant
12. Fees
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GN 12 of 1920,
GN 180 of 1933,
SI 152 of 1965.
[Rules by the High Court]
These Rules may be cited as the Probates (Resealing) Rules of Court.
Such application must be accompanied by an oath of the executor, administrator or attorney in the form in the First Schedule, or as nearly thereto as the circumstances of the case will allow.
Notice of the sealing of the grant of probate or letters of administration shall be advertised by the Registrar at the expense of the applicant in the form set out in the Second Schedule.
Application by a creditor under section 5 of the Act shall be made by motion before the Registrar, supported by an affidavit setting out particulars of his claim.
In every case, and especially when the domicile of the deceased at the time of death as sworn to in the affidavit differs from that suggested by the description in the grant, the Registrar may require further evidence as to domicile.
7. Domicile outside jurisdiction
If it should appear that the deceased was not at the time of death domiciled within the jurisdiction of the court from which the grant issued, the seal shall not be affixed unless the grant is such as would have been granted by the High Court.
8. Letters of Administration Executor Testamentary
Where application is made to reseal a grant of "Letters of Administration Executor Testamentary", the Registrar shall require that a copy of the will deposited with the court from which the grant issues, duly certified as a true copy by such court, shall be filed in the Registry.
9. Delay in application to seal
When application to seal a grant of probate or letters of administration is made after the lapse of three years from the death of deceased, the reason of delay must be certified to the Registrar. Should the certificate be unsatisfactory, the Registrar shall require such proof of the alleged cause of delay as he may think fit.
Notice of the sealing of a grant by the High Court shall be sent by the Registrar to the court from which the grant issued.
11. Notice of alteration in grant
When intimation has been received of the resealing of a grant issued from the High Court, notice of any revocation of, or any alteration in, such grant shall be sent by the Registrar to the court by whose authority such grant was resealed.
The fees set forth in the High Court Rules shall be paid before any grant of probate or administration is resealed, unless the High Court otherwise directs.
[As amended by 180 of 1933]
[Rule 3]
FORM OF OATH OF EXECUTOR, ADMINISTRATOR OR ATTORNEY IN THE HIGH COURT FOR ZAMBIA
In the estate of ......................................................, deceased.
I, C.D. (or E. F.), of ................................................................., make oath and say:
1. That a grant of probate of the will (or letters of administration of the estate) of A. B., late of ..............................., deceased, was granted to me (or C. D.) .......................... by the .............................. court at ........................ on the day of ................................., 20........... Adapt to suit circumstances. This paragraph to be struck out if inapplicable 2. That the said deceased was at the time of his death domiciled at ................................. 3. That I am the attorney lawfully appointed of C. D. under his hand and seal, and am duly authorised to apply to this court for the sealing of the said grant. 4. That the value of the estate within the jurisdiction of this court amounts to the sum of K and no more, to the best of my knowledge, information and belief. Sworn at .................................................... [As amended by 152 of 1965] [Rule 4] FORM OF ADVERTISEMENT OF SEALING A. B., deceased. NOTICE IS HEREBY GIVEN that probate of the will (or letters of administration) of A. B., deceased, late of , granted by the court at ......................... on .................... the ................ day of ..............,20..........., has been resealed in the High Court for Zambia. ..................................... Registrar of the High Court [Am by 152 of 1965.] |
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