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British and Colonial Probates Act

LAWS OF FIJI

CHAPTER 62

BRITISH AND COLONIAL PROBATES

Ordinances Nos. 5 of 1893, 3 of 1921, 2 of 293

AN ACT TO PROVIDE FOR THE RECOGNITION IN FIJI OF PROBATE:
AND LETTERS OF ADMINISTRATION GRANTED IN THE UNITED
KINGDOM AND OTHER BRITISH POSSESSIONS AND COURTS.

[12th December, 1893

Short title

1. This Act may be cited as the British and Colonial Probates Act.

Interpretation

2. In this Act-

"Her Majesty's dominions" includes any British protectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by Her Majesty.

(Inserted by 2 of 1936, s. 2.)

Probate granted by British or Colonial courts
may be recognized by the Supreme Court

3. Where a Court of Probate in any part of Her Majesty's dominions, or in any British Court having jurisdiction out of Her Majesty's dominions in pursuance of an Order in Council, has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted, or a duplicate thereof sealed with the seal, or a copy thereof certified as correct by or under the authority of the Court granting the same, may, on being produced to, and a copy thereof deposited with, the Supreme Court, be sealed with the seal of that Court, and thereupon shall be of the like force and effect and have the same operation in Fiji as if granted by that Court:

Provided that the Court shall before sealing a probate or letters of administration under this section be satisfied-

(a) that death duty has been paid in respect of so much (if any) of the estate as is liable to death duty in Fiji; and

(b) in the case of letters of administration that security has been given in . sum sufficient to cover the property (if any) in Fiji to which the letter of administration relate,

and may require such evidence (if any) as it thinks fit as to the domicile of the deceased person.
(Section amended by 3 of 1921, s. 21, and 2 of 1936, s. 3)

Security for payment of local debts

4. The Court may also if it thinks fit on the application of any creditor require before sealing that adequate security be given for the payment of debts due from the estate to creditors residing in Fiji.

Rules of court may be made

5. Rules of court may be made for regulating the procedure and practice, including fees and costs, in the Supreme Court of and incidental to an application for sealing a probate or letters of administration so granted as aforesaid.

Controlled by Ministry of the Attorney-General

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