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Probate and Administration Rules 2003

REPUBLIC OF VANUATU

JUDICIAL SERVICES AND COURTS ACT
NO. 54 OF 2003

PROBATE AND ADMINISTRATION RULES

PART 1- PRELIMINARY

1.1 Title and Commencement
1.2 Purpose
1.3 Application of the Civil Procedure Rules
1.4 Overriding objective and case management
1.5 Interpretation
1.6 Forms

PART 2 - APPLYING FOR PROBATE AND ADMINISTRATION

2.1 Application of Part 2
2.2 Application for probate
2.3 Application for administration
2.4 Application for administration with the will annexed
2.5 Advertisement
2.7 If no Response filed
2.8 Grant if application not opposed

PART 3 - OPPOSING AN APPLICATION FOR PROBATE AND ADMINISTRATION

3.1 Response
3.2 Application of Civil Procedure Rules to opposition
3.3 Grant of probate and administration
3.4 Caveats

PART 4 - RESEALING AND ACCOUNTS

4.1 Resealing of probate or administration
4.2 Accounts
4.3 Form of accounts

PART 5 - MISCELLANEOUS

5.1 Court fees
5.2 Commencement
5.3 Transitional
5.4 Repeal

SCHEDULE 1
FORMS

FORM 1 - APPLICATION FOR PROBATE
FORM 2 - SWORN STATEMENT - PROBATE
FORM 3 - APPLICATION FOR ADMINISTRATION
FORM 4 - SWORN STATEMENT- ADMINISTRATION
FORM 5 - APPLICATION FOR ADMINISTRATION WITH THE WILL ANNEXED
FORM 6 - SWORN STATEMENT - ADMINISTRATION WITH THE WILL ANNEXED
FORM 7 - ADVERTISEMENT
FORM 8 - SWORN STATEMENT - ADVERTISEMENT
FORM 9 - GRANT OF PROBATE
FORM 10 - GRANT OF ADMINISTRATION
FORM 11- GRANT OF ADMINISTRATION WITH THE WILL ANNEXED
FORM 12 - RESPONSE
FORM 13 - CAVEAT
FORM 14 - APPLICATION TO WITHDRAW CAVEAT
FORM 15 - APPLICATION FOR RESEAL OF FOREIGN GRANT
FORM 16 - SWORN STATEMENT - RESEAL OF FOREIGN GRANT

SCHEDULE 2
FEES

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REPUBLIC OF VANUATU

Succession, Probate and Administration Regulation 1972, Queen's Regulation No. 7 of 1972

PROBATE AND ADMINISTRATION RULES

Order No. 28 of 2003

To set out the procedure in probate and administration matters.

The Rules Committee makes the following Rules under section 66 of the Judicial Services and Courts Act No 54 of 2000 and the Queen's Regulation No. 7 of 1972.

PART 1 - PRELIMINARY

Title and Commencement

1.1 (1) These Rules are the Probate and Administration Rules.

(2) These Rules come into operation on 1 August 2003.

Purpose

1.2 The purpose of these Rules is to set out the procedures to be used in probate and administration proceedings brought in the Supreme Court.

Application of the Civil Procedure Rules

1.3 (1) If these Rules do not make provision for a matter relating to a proceeding, the Civil Procedure Rules apply to that matter.

(2) In particular, the Civil Procedure Rules apply to contested proceedings, as set out in Rule 3.2.

Overriding objective and case management

1.4 (1) The Supreme Court must give effect to the overriding objective, as set out in the Civil Procedure Rules, when it:

(a) does any act under these Rules; or

(b) interprets these Rules.

(2) In particular, the Court must actively manage cases brought under these Rules, as set out in the Civil Procedure Rules.

[NOTES: 1. The "overriding objective" is set out in R. 1.2 of the Civil Procedure Rules.

2. Case management is set out in R.1.4 of the Civil Procedure Rules.]

Interpretation

1.5 (1) Some words used in these Rules have a particular meaning. These are defined as follows:

"applicant" means the person who makes an application;

"contested proceedings" means proceedings where an application for probate or administration is opposed.

"Court" means the Supreme Court.

"foreign probate or administration" means probate or administration granted in a Commonwealth country or territory.

"Queen's Regulation" means the Succession, Probate and administration Regulation 1972, Queen's Regulation No. 7 of 1972.

"will" includes a codicil to a will.

[NOTES: 1. The Attorney-General may certify that a country or territory is a Commonwealth country or territory. See Queen's Regulation 2.3.]

2. The making of a will is dealt with in the Wills Act (Cap. 55.).

3. The following terms are defined in the Queen's Regulations and have the meaning given to them by those Regulations: "administration", "estate", intestate", "personal representative", "probate".]

(2) The Notes in these Rules do not form part of the Rules and are for information only.

Forms

1.6 (1) A reference to a Form by number is a reference to the form identified by that number in the Schedule at the end of these Rules.

(2) If these Rules do not require a particular Form to be used, the equivalent form in the Civil Procedure Rules is to be used, but with the heading of the Forms in these Rules.

PART 2 - APPLYING FOR PROBATE AND ADMINISTRATION

Application of Part 2

2.1 This Part deals with:

(a) applying for grants of probate and letters of administration of estates of deceased persons; and

(b) the grant, if there is no opposition to the application.

[NOTES: 1. The executors named in the will are entitled to probate. The Queen’s Regulation sets out who is entitled to administration. See Regulation 7.

2. Part 3 of these Rules deals with the procedure where an application is opposed.]

Application for probate

2.2 (1) An application for the grant of probate of the deceased person must:

(a) set out:

(i) the name, last address and occupation of the deceased; and

(ii) the date of death; and

(iii) the name and address of the applicant; and

(iv) an address for service of documents; and

(b) if not all executors are applying, state by the applicant is applying for the grant; and

(c) have with it the original will; and

(d) have with it a copy of the death certificate or other proof of death; and

(e) have with it a sworn statement by the applicant in support of the application.

(2) The application must be in Form 1.

(3) The sworn statement must be in Form 2.

(4) If there is more than one executor, each executor applying for probate must make a sworn statement in Form 2.

(5) If not all executors are applying for probate, the applicant must:

(a) obtain a sworn statement from any executor not applying, setting out why he or she is not applying; or

(b) if this is not practicable, include in his or her sworn statement the reasons why it has not been obtained.

[NOTE: 1. For requirements about a valid will, see the Wills Act (Cap. 55.).]

2. The sworn statement should be in accordance with the Rule 1.3.]

Application for administration

2.3 (1) An Application for the grant of administration of the estate of a deceased person must:

(a) set out:

(i) the name, last address and occupation of the deceased; and

(ii) the date of death; and

(iii) the name and address of the applicant; and

(v) an address for service of documents; and

(b) state why the applicant is applying for the grant; and

(c) have with it a copy of death certificate or other proof of death; and

(d) have with it a sworn statement by the applicant in support of the application.

(2) The application must be in Form 3.

(3) The sworn statement must be in Form 4.

Application for administration with the will annexed

2.4 (1) An application for the grant of administration of the estate of a deceased person with the will annexed must:

(a) set out:

(i) the name, last address and occupation of the deceased; and

(ii) the date of death; and

(iii) the name and address of the applicant; and

(iv) an address for service of documents; and

(b) have with it the original will; and

(c) state why the applicant is applying for the grant; and

(d) have with it a sworn statement by the applicant in support of the application.

(2) The application must be in Form 5.

(3) The sworn statement must be in Form 6.

[NOTE: For requirements about a valid will, see the Wills Act (Cap. 55).]

Advertisement

2.5 (1) After an application has been filed, the applicant must cause an advertisement to be broadcast on the radio in the area where the deceased lived and carried on business.

(2) The applicant must also do any other things reasonably necessary to bring the application to the knowledge of anyone who:

(a) is entitled to any property of the deceased; or

(b) may opposes the grant applied for; or

(c) is a creditor of the deceased.

(3) The advertisement must:

(a) state that the applicant has applied for probate or administration of the estate of the deceased person, as the case requires; and

(b) give the applicant's name and address for service of documents; and

(c) state that anyone who is opposed to the probate or administration of the estate being granted to the applicant must file a Response in an office of the Supreme Court within the time stated in the advertisement; and

(d) state that if no-one files a Response, the Court will grant the probate or administration to the applicant;

(e) state that anyone who thinks they are entitled to property of the deceased, or that the deceased owed them money, must contact the applicant or his or her lawyer.

(4) The advertisement must be broadcast on 3 working days in the same week, at least once in a morning and once in an evening.

(5) The advertisement must:

(a) be broadcast in Bislama; and

(b) be in Form 7.

(6) For subrule (2) the applicant may, for example:

(a) cause the advertisement to be published in a newspaper circulating in Vanuatu or elsewhere; and

(b) cause the advertisement to be broadcast or published in English or French as well as Bislama.

If no Response filed

2.6 (1) If no response is filed and served on the applicant within 28 days after the advertisement was last broadcast, the applicant must file a sworn statement:

(a) stating that the advertisement was broadcast; and

(b) giving details of the dates and times when it was broadcast; and

(c) attaching a copy of the text that the applicant believes was broadcast; and

(d) if the applicant did any other things to comply with subrule 2.5(2), stating what was done and attaching a copy of any information published.

(2) A sworn statement must be in Form 8.

Grant if application not opposed

2.7 (1) After the sworn statement about the advertisement is filed, the Court may grant the probate or administration applied or if a person does not oppose the application by filing a response.

(2) The grant of probate must be in Form 9, and the must be in Form 10 or 11.

PART 3 - OPPOSING AN APPLICATION ADMINISTRATION

Response

3.1 (1) A person who opposes the grant of probate or administration to the applicant must file a response within 28 days after the advertisement required by Rule 2.5 was last broadcast or published.

(2) A response must:

(a) state that the person opposes the grant of probate or administration to the applicant; and

(b) state the person to whom probate or administration should be granted; and

(c) set out the address that is the person's address for service of documents; and

(d) be in Form 12.

Application of Civil Procedure Rules to opposition proceedings

3.2 (1) After a Response has been filed, the procedure to be used is the procedure set out in the Civil Procedure Rules, unless:

(a) these Rules provide otherwise; or

(b) the Court orders otherwise.

(2) In particular, the Civil Procedure Rules apply as if:

(a) the application is a claim; and

(b) the applicant is the plaintiff; and

(c) the respondent is the defendant.

(3) A document filed in the Court under the Civil Procedure Rules as applied by this Rule must have the same heading as in the forms in Schedule 1 to these Rules.

(4) The fees set out in Schedule 1 of the Civil Procedure Rules are payable.

Grant of probate and administration

3.3 Where the Court grants probate or administration in contested proceedings:

(a) the grant of probate must be in Form 9;

(b) the grant of administration must be in Form 10 or 11.

Caveats

3.4 (1) A caveat must be in Form 13.

[NOTES: 1. Regulations 47 and 48 of the Queen's Regulations deal with caveats.

2. The caveat may be applied for any time before the probate or administration is granted. See R. 47(1).

3. R. 47(2) requires a caveat to contain the name of he person filing it and an address within Port Vila for services of notices.]

(2) An application to withdraw a caveat must be in Form 14.

[NOTES: 1. An application to withdraw a caveat is to be made as an application under the Civil Procedure Rules - see Rule 3.2 above.

2. The Queen's Regulation sets out who can file a caveat, and how the Court may order it to be withdrawn. See Regulations 47 and 48.]

PART 4 - RESEALING AND ACCOUNTS

Resealing of probate or administration

4.1 An application to reseal a foreign probate or administration must:

(a) be in Form 15; and

(b) have with it the original probate or administration, and a copy;

(c) have with it a sworn statement in Form 16.

[NOTES: 1. The Queen's Regulation deals with resealing probate and administration granted in Commonwealth country. See Regulation 46.

2. A resealed probate or administration has the same effect as if it had been granted under those Regulations, and the duties and liabilities of its personal representatives are the same. See Regulation 46 (2).]

Accounts

4.2 (1) The Court may order that a personal representative file accounts.

(2) The Court may make the order:

(a) on application by a beneficiary, a creditor or any other person with an interest in the estate, or on its own initiative; and

(b) when it grants probate or administration, or at any other time.

[NOTES: The Queen's regulation deals with filing accounts by personal representatives. See Regulations 40 and 41.]

Form of accounts

4.3 (1) Accounts filed must list:

(a) the property of the deceased; and

(b) the debts; and

(c) the funeral expenses; and

(d) the income of the estate; and

(e) if property has been sold, the proceeds of the sale; and

(f) any other amounts received by the personal representative; and

(g) any amounts paid by the personal representative:

(i) in paying debts; and

(ii) in bequests; and

(iii) otherwise in administering the estate.

(2) The accounts must be signed by the personal representative.

(3) A person with an interest in the estate may inspect the accounts and obtain copies.

PART 5 - MISCELLANEOUS

Court fees

5.1 (1) The fees set out in Schedule 2 are payable.

(2) Rule 4.12 of the Civil Procedure Rules applies to fees under these Rules.

Commencement

5.2 These Rules come into operation on the 1^st day of August 2003.

Transitional

5.3 (1) These Rules apply to an application filed on and after the commencement date.

(2) These Rules apply to a continuing proceeding to the exclusion of the old Rules.

(3) In the application of these Rules to a continuing proceeding:

(a) every step to be taken in the proceeding on and after the commencement date must be taken under these Rules; and

(b) the Court may give all directions necessary for the application of these Rules to the proceeding.

(4) In this Rule:

"commencement date" means the date these Rules come into operation.

"continuing proceeding" means a proceeding started before the commencement date, and includes:

(a) an application that is not opposed;

(b) a caveat.

"old Rules" means the Succession, Probate and Administration Rules No. 1 of 1974, as in force immediately before the commencement date.

Repeal

5.4 The Succession, Probate and Administration Rule No. 1 of 1974, made under the Queen's Regulation, are repealed.

SCHEDULE 1

FORMS

FORM 1
APPLICATION FOR PROBATE

R. 2.2

APPLICATION FOR PROBATE

In the estate of _______________________late of ________________________,

deceased's name last address, occupation
who died on___________________________________

date of death
1. I __________________ apply for probate of the will dated ___________________

applicant's name date of will
[and codicils dated ____________________] of the above deceased to be granted to

date of codicils
____________________________________________, the executors named in the

names of executors
will [and codicils].

[If not all executors are applying:]
2. I am applying for probate because ___________________________________

give reasons
3. The address for service of documents is: ______________________________

applicant's address or applicant's lawyer's address

___________________________ ____________________________
Signature of applicant date

____________
FORM 2
SWORN STATEMENT - PROBATE

R. 2.2

SWORN STATEMENT

I, _______________________________ of _______________________________;
name of person making statement address and occupation
swear the following is true:

1. The document dated ________________________________ signed in the margin

date of will
by me and by the person before whom this sworn statement is made is, I believe, the last will of the deceased.

2. I am [the/an] executor named in the will and I have reached 18 years of age.

3. I believe the will has not been revoked.

4. I do not know of any other later will.

5. The will came into my possession _____________________________________.

state how will came into person's possession
6. The witnesses to the will are ______________________________________ and

name of first witness
___________________________ .
name of second witness

[If there are other executors:]
7. The other executors named in the will are ___________________________________

[If all executors are not applying for probate:]
8. ___________________________________ are not applying for probate.

names of executors not applying

9. The deceased died on ____________________________ .

date of death

10. 1 believe the deceased is ________________________________ referred to in the

name as in death certificate or other proof of death
death certificate or other proof of death attached and marked "A".

11. The deceased did not marry after the will was made.

12. The deceased had reached 18 years of age when the ill was made.

13. The deceased left property in Vanuatu.

OR

13. I believe the deceased was at the time of death domiciled in Vanuatu. I believe this because _______________________________________________________ .

reasons for believing this

14. An inventory of all property of the deceased that I no know about is attached and marked "B". If I find out about any other property of the deceased I will tell the court about it.

15. The estate has an estimated gross value of VT__________________________ .

value of estate

16. If the Court grants probate to me I will administer the estate according to law and I will give a true account of my administration to the Court if it asks me to.

17. I realise that if I do not administer the estate according to law I may be liable to a fine or imprisonment.

on ___________________________

date

BEFORE ME
______________________________

Signature of witness

Commissioner for Oaths OR Notary Public

________

ATTACHMENT B

Inventory of property of the estate of ____________________________

name of deceased
of ____________________________________________ deceased.

last address and occupation

__________
FORM 3
APPLICATION FOR ADMINISTRATION

R. 2.3

APPLICATION FOR ADMINISTRATION

In the estate of _______________________late of _________________________,

deceased's name last address, occupation
who died on___________________________________

date of death

1. I ______________________ apply for administration of the estate of the above

applicant's name
deceased to be granted to me.

2. I am applying for administration because _______________________________

give reasons
3. The address for service of documents is: _______________________________

applicant's address or applicant's lawyer's address

______________________________ ____________________________
Signature of applicant date

________
FORM 4
SWORN STATEMENT – ADMINISTRATION

R. 2.2

SWORN STATEMENT – ADMINISTRATION

I, ________________________________ of _____________________________,

name of person making statement address and occupation
swear the following is true:

1. The deceased died on _______________________________ .

date of death

2. I am applying for administration because _______________________________

give reasons

3. I know of no valid will left by the deceased.

4. I believe the deceased is __________________________________ referred to in

name as in death certificate or other proof of death
the death certificate or other proof of death attached and marked "A".

5. The persons entitled to the deceased's property are:
___________________________________________________________________
give details of persons entitled and relationship, attaching birth etc certificates as necessary

6. The deceased left property in Vanuatu.

OR

6. I believe the deceased was at the time of death domiciled in Vanuatu. I believe this because_____________________________________________________________.

reasons for believing this

7. An inventory of all property of the deceased that I now know about is attached and marked "B". If I find out about any other property of the deceased I will tell the court about it.

8. The estate has an estimated gross value of VT__________________________.

value of estate

9. If the Court grants administration to me I will administer the estate according to law and I will give a true account of my administration to the Court if it asks me to.

10. I realise that if I do not administer the estate according to law I may be liable to a fine or imprisonment.

on ___________________________

date

BEFORE ME
______________________________

Signature of witness

Commissioner for Oaths OR Notary Public

_________

ATTACHMENT B

Inventory of property of the estate of ____________________________

name of deceased
of ____________________________________________ deceased.

last address and occupation

__________
FORM 5
APPLICATION FOR ADMINISTRATION WITH THE WILL ANNEXED

R. 2.4

APPLICATION FOR ADMINISTRATION WITH THE WILL ANNEXED

In the estate of ___________________________late of ______________________,

deceased's name last address, occupation
who died on___________________________________

date of death
I ______________________ apply for probate of the will dated _______________

applicant's name date of will
[and codicils dated ____________________] of the above deceased to be granted to

date of codicils
__________________________________________________________________,

names of executors
the executors named in the will [and codicils].

The address for service of documents is: ___________________________________

applicant's address or applicant's lawyer's address

__________________________ ____________________________
Signature of applicant date

___________
FORM 6
SWORN STATEMENT - ADMINISTRATION WITH THE WILL ANNEXED

R.2.4

SWORN STATEMENT - ADMINISTRATION WITH THE WILL ANNEXED

I, __________________________________of _____________________________

name of person making statement address and occupation
swear the following is true:

1. The document dated ______________________________ signed in the margin by

date of will
me and by the person before whom this sworn statement is, I believe, the last will of the deceased.

2. I have reached 18 years of age.

[If applicant is a beneficiary]
3. I am a beneficiary named in the will.

OR

[If applicant is a creditor]
3. I am a creditor of the deceased because ________________________________

give reasons

OR

[If applicant is applying for another reason]
3. I am applying for administration because _______________________________

give reasons

4. I believe the will has not been revoked.

5. I do not know of any other later will.

6. The will came into my possession _____________________________________

state how will came into person's possession

7. The witnesses to the will are __________________________________________

name of first witness
______________________________

name of second witness

8. The executors named in the will are ____________________________________

9. The executors are not applying for probate because ________________________ .

10. The deceased died on _____________________________.

date of death

11. I believe the deceased is ______________________________________ referred

name as in death certificate or other proof of death
the death certificate or other proof of death attached and marked "A".

12. The deceased did not marry after the will was made.

13. The deceased had reached 18 years of age when the

14. The deceased left property with Vanuatu.

OR

14. I believe the deceased was at the time of death domiciled in Vanuatu. I believe this because ________________________________________________________

reasons for believing this

15. An inventory of all property of the deceased that I n w know about is attached and marked "B". If I find out about any other property of the deceased I will tell the court about it.

16. The estate has an estimated gross value of VT______________________________ .

value of estate

17. If the Court grants administration to me I will administer the estate according to law and I will give a true account of my administration to the Court if it asks me to.

OR

[If administration being granted for a limited purpose]
17. If the court grants administration to me for ______________________________ ,

purpose
I will administer the estate for that purpose according to law and I will give a true account of my administration to the court if it asks me to.

18. I realise that if I do not administer the estate [for that purpose] according to law I may be liable to a fine or imprisonment.

on ___________________________

date

BEFORE ME
______________________________

Signature of witness

Commissioner for Oaths OR Notary Public

______

ATTACHMENT B

Inventory of property of the estate of ____________________________

name of deceased
of ____________________________________________ deceased.

last address and occupation

_______
FORM 7
ADVERTISEMENT

R. 2.5

_____________________________________ of ____________________________

name of deceased last address, occupation
died on _________________________ .

date of death
____________________________________ is applying for probate/administration
name of person applying for probate/administration
of his/her estate. This means the right to distribute __________________________

name of deceased
property.

Anyone who is opposed to probate/administration being granted to ______________

name of person applying
must file a response in the Supreme Court before ____________________________

28 days after last broadcast
If no-one does this, the court will give the right to ___________________________

name of person applying
Anyone who thinks they are entitled to any property of _______________________

name of deceased
or who thinks _______________________ owed them money, should

name of deceased
contact ____________________________ at _______________________________

name of person applying person's address or their lawyer's address

This notice is authorised by _________________________________ .

_____________
FORM 8
SWORN STATEMENT - ADVERTISEMENT IF NO RESPONSE TO FILED

SWORN STATEMENT

I, _____________________________ of ______________________________,

name of person making statement address and occupation
swear the following is true:

1. I am applying for __________________________________ of the estate of

probate OR administration
_______________________________ of __________________________________ .

name of deceased last address, occupation

2. I caused an advertisement about this to be broadcast on the radio on
___________________________ at ________________________., and on

date of first broadcast time
___________________________ at ________________________, and on

date of second broadcast time
___________________________ at _______________________ .

date of third broadcast time

3. A copy of the advertisement that I believe was broadcast is attached marked "A".

4. The receipt for the broadcasting of this advertisement is attached.

on ___________________________

date

BEFORE ME
______________________________

Signature of witness

Commissioner for Oaths OR Notary Public

_________
FORM 9
GRANT OF PROBATE

R.2.7, 3.3

PROBATE

In the estate of _____________________ late of ____________________________,

deceased's name last address, occupation
who died on ________________________________ .

date of death

PROBATE of the will dated ______________ [and codicil dated _______________]

date of will date of codicil
of the above deceased is granted to _______________________________________

names of executors
the executors named in the will [and codicil].

A true copy of the will [and codicil] is annexed.

The sworn value of the estate is under VT__________________________________

total value of estate

Date________________

____________________
Signature of Judge

Seal of Court

______
FORM 10
GRANT OF ADMINISTRATION

R.2.7, 3.3

ADMINISTRATION

In the estate of late of _________________ late of ______________________,

deceased's name last address, occupation
who died on __________________________ .

date of death

ADMINISTRATION of the estate of the above deceased is granted to
___________________________

names
The sworn value of the estate is under VT _________________________

total value of estate

Date _______________

____________________
Signature of Judge

Seal of Court

_____
FORM 11
GRANT OF ADMINISTRATION WITH THE WILL ANNEXED

R.2.7, 3.3

ADMINISTRATION WITH THE WILL ANNEXED

In the estate of late of _____________________ late of ______________________,

deceased's name last address, occupation
who died on __________________________________ .

date of death

ADMINISTRATION with the will dated _________________________________

date of codicil
[and codicil dated ______________________ ] annexed of the estate of the above deceased

date of codicil
is granted to __________________________________________

name
A true copy of the will [and codicil] is annexed.

The sworn value of the estate is under VT_________________________________

total value of estate

Date _________________________

__________________
Signature of Judge

Seal of Court

______
FORM 12
RESPONSE

R.3.1

RESPONSE

In the estate of late of _________________ late of ___________________________

deceased's name last address, occupation
who died on _________________________ .

date of death

1. _________________________________________ has applied for

applicant's name
probate OR administration OR administration with the will annexed in the above estate.

2. I, ________________________ of ______________________________________

respondent's name address

oppose the grant being made to _________________________________________

name of person being opposed

3. Probate OR administration OR administration with the will annexed should be granted to __________________________________________________

name of person to whom grant should be made

4. The address for service of documents is: _________________________________

respondent's address or respondent's lawyer's address

___________________________ __________________
signature of applicant date

______
FORM 13
CAVEAT

R.3.4

CAVEAT

In the estate of ________________________________ late of __________________,

deceased's name last address, occupation
who died on _________________________________ .

date of death

1. I _____________________________ of ______________________________

caveator's name address
claim an interest as _________________________________________________

state relationship with deceased or nature of interest
in the estate of the deceased.

2. I demand that nothing be done in connection without notice to me.

3. My address for service is ___________________________________________

address in Vila for service of documents

______________________ ________________________
signature of caveator date

_______
FORM 14
APPLICATION TO WITHDRAW CAVEAT

R.3.4

APPLICATION TO WITHDRAW CAVEAT

In the estate of late of ____________________ late of _______________________

deceased's name last address, occupation
who died on ____________________________________ .

date of death
I __________________________________ of ______________________________

caveator's name address
apply to withdraw the caveat I filed on ____________________________________

date caveat filed
______________________ ________________________________
signature of caveator date

________
FORM 15
APPLICATION FOR RESEAL OF FOREIGN GRANT

R. 4.1

APPLICATION FOR RESEAL OF FOREIGN GRANT

In the estate of __________________________ late of _______________________ ,

deceased's name last address, occupation
who died on ____________________________ .

date of death

1. I _____________________________ apply for

applicant's name
probate of the will

OR

administration of the estate

of the above deceased granted by the _____________________________________

full name of court and country
to __________________________, to be sealed with the seal of this Court.

names

2. The address for service of documents is: ________________________________

applicant's address or applicant's lawyer's address

_____________________________ ____________________________
Signature of applicant or applicant's lawyer date

______
FORM 16
SWORN STATEMENT - RESEAL OF FOREIGN GRANT

R. 4.1

SWORN STATEMENT

I, _______________________________________ of ________________________

name of person making statement address and occupation

swear the following is true:

1. Probate of the will OR administration of the estate of the deceased was granted by ________________________________________

full name of court and country
to me on ________________________________

date
OR

to ______________________________ on _________________ .

name date

The grant has not been revoked. A copy of the grant is attached marked "A".

2. I am [the/a] person to whom probate OR administration was granted.

OR

2. I am authorised under a power of attorney by the executor OR administrator of the deceased to make this application. I have not received y notice of revocation of the power of attorney. A copy of the power of attorney is attached marked "B".

3. The deceased left property in Vanuatu.

4. An inventory of all property of the estate I now know about is attached and marked "C". If I find out about any other property of the deceased I will tell the court about it.

5. The estate has an estimated gross value of VT ________________________.

value of estate

6. If the Court reseals the probate OR administration I will administer the estate according to law and I will give a true account of my administration to the Court if it asks me to.

7. I realise that if I do not administer the estate according to law I may be liable to a fine or imprisonment.

on ___________________________

date

BEFORE ME
______________________________

Signature of witness

Commissioner for Oaths OR Notary Public

_______

ATTACHMENT C

Inventory of property of the estate of ____________________________

name of deceased
of ____________________________________________ deceased.

last address and occupation

_____
SCHEDULE 2

FEES

[NOTE: The fees payable under the Civil Procedure Rules are payable in contested proceedings; See R.3.2 of these Rules.]

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