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Wills, Probate and Administration Act - Grants in Small Estates Regulations 1996

SOLOMON ISLANDS

WILLS, PROBATE AND ADMINISTRATION (Cap 33)

LN27/1996

THE GRANTS IN SMALL ESTATES REGULATIONS
(Section 109)

[16th February 1996]

1. These Regulations may be cited as the Grants in Small Estates Regulations.

2. The prescribed amount for the gross value of a small estate is one thousand dollars.

3. An application to a court for a grant of probate or administration of a small estate shall contain the particulars set out in Schedule 1.

4. The forms of certificate of grant of probate and of administration of a small estate are prescribed in Schedule 2 hereto.

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SCHEDULE 1

WILLS, PROBATE AND ADMINISTRATION ACT
(PART IV)

APPLICATION FOR GRANT OF PROBATE OR ADMINISTRATION
OF A SMALL ESTATE

(please read the notes at the end before writing on this form)

TO: Registrar, High Court
Magistrate's Court
Clerk

(1) I apply for the grant of: (1)

probate

administration

administration with will annexed

of the estate of (2)....................................................................
who died on the (3).......................... day of.................19.............
at (4) ........................................and who normally lived at ............
(5).......................................................................................

(2) The Relatives of (2) who are now alive are:
husband or wife
children (if under 18, give their ages)
grandchildren (if under 18, give their ages)
father
brothers
sisters

(3) (6) I enclose the original will.

(4) (7) I enclose evidence of the death of (2)...............................

(5) The estate of the deceased, to the best of my knowledge, consists of:

(6) The debts of the deceased at the date of death were:

(7) I make this application on the grounds that:

(8) I am the executor named in the will. I am the person entitled to apply for the grant.

The persons who are entitled to apply in priority to me do not wish to apply and I enclose their written agreement to my application.

Dated this................. day of..............19......

Signed in the presence of:

Name and address of witness

Notes

(1) Cross out whichever one does not apply,

(2) Name of Deceased.

(3) Date of Death.

(4) Place of Death

(5) Place where deceased normally lived.

(6) Cross out if there is no will.

(7) Enclose evidence of death e.g., hospital death certificate or statutory declarations by 2 people who knew him well and were present at his death or burial.

(8) Cross out whichever one does not apply. People are entitled (usually) to apply for the grant in the order set out in paragraph 2 of this form. (For example, if you are the brother of the deceased and the widow is still alive, you must get her consent in writing in making this application)

IF YOU ARE UNCERTAIN ABOUT HOW TO FILL IN ANY PART OF THIS FORM, ASK A MAGISTRATE, PUBLIC SOLICITOR OR PROVINCIAL GOVERNMENT OFFICER FOR HELP. YOU WILL, NEED TO MAKE A STATUTORY DECLARATION BEFORE A MAGISTRATE OR COMMISSIONER FOR OATHS IN SUPPORT OF YOUR APPLICATION.

SCHEDULE 2

THE WILLS, PROBATE AND ADMINISTRATION ACT

CERTIFICATE OF GRANT OF PROBATE OF A SMALL ESTATE
(Section 56)

THIS CERTIFICATE is granted to..............................of.....................
who has proved the last will (a copy of which is annexed) of deceased, late of .....................
who died on the............day of................19.............
The said..............................is now entitled under the provisions of part IV, Small Estates, of the Wills, Probate and Administration Act to administer the estate of the deceased, the estate having been sworn to be under $1,000.00 in value.

Dated at ................................in Solomon Islands this.............day of.............19........

THE WILLS, PROBATE AND ADMINISTRATION ACT

CERTIFICATE OF GRANT OF AUTHORITY TO ADMINISTER
A SMALL ESTATE WITH WILL ANNEXED
(Section 56)

THIS CERTIFICATE is granted to...................of............................the..........of
.................deceased, late of...........................who died on.........
the......day........of......19......having made his will (a copy of which is annexed)
on the...........................day of .....................19...............
The said....................................................is now entitled under the provisions of Part IV, Small Estates, of the Wills, Probate and Administration Act to administer the estate of the deceased, the estate having been sworn to be under $1,000.00 in value.

Dated at.....................in Solomon Islands this.........day of.............19.............

THE WILLS, PROBATE AND ADMINISTRATION ACT

CERTIFICATE OF GRANT OF PROBATE OF A SMALL ESTATE
(Section 56)

THIS CERTIFICATE is granted to...................of............................the..........of
.................deceased, Intestate, late of...........................who died on the.......
day........of......19......

The said....................................................is now entitled under the provisions of Part IV, Small Estates, of the Wills, Probate and Administration Act to administer the estate of the deceased, the estate having been sworn to be under $1,000.00 in value.

Dated at.....................in Solomon Islands this.........day of.............19.............

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