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

      FIRST SCHEDULE

      SECOND SCHEDULE

{mprestriction ids="1,2,3,5"}

GN 12 of 1920,

GN 180 of 1933,

SI 152 of 1965.

[Rules by the High Court]

 

1.   Title

These Rules may be cited as the Probates (Resealing) Rules of Court.

 

2.   Application for sealing

<TS:0.361111,NM,NO>Application to seal a grant of probate or letters of administration under the Act shall be made to the Registrar by the executor or administrator or the attorney (lawfully authorised for the purpose) of such executor or administrator, either in person or through a solicitor.

 

3.   Oath

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.

 

4.   Advertisement of sealing

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.

 

5.   Application by creditor

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.

 

6.   Evidence of domicile

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.

 

10.   Notice of sealing

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.

 

12.   Fees

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]

FIRST SCHEDULE

[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]

SECOND SCHEDULE

[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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