Order 61 FCT (Civil Procedure) Rules 2025

Order 61 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Proceedings in Probate & Administration Actions. It contains the following rules:

1. Suits for probate/administration shall be instituted and
   carried on, subject to the Rules of procedure in ordinary
   civil claims.
2. The Registrar may, on being satisfied that the condition of a
   bond has been broken, assign it to some person and that
   person may then sue on the bond in his own name, as if it
   had been originally given to him instead of the Registrar
   and may recover then, as trustee for persons interested, the
   full amount recoverable in respect of any breach of the
   bond.
3. A person claiming to be a creditor or legatee, or the next of
   kin, or one of the next of kins, of a deceased, may apply for
   and obtain a summons from Court requiring the executor
   or administrator, of the deceased to attend before the Court
   and show cause why an order for the administration of the
   property of the deceased should not be made.

4. (1) On proof of service of the summons or on appearance of
   the executor or administrator and on proof of all such other
   things as the Court may direct, a Court may, make an order
   for the administration of the property of the deceased.

(2) A Court may make or refuse the order, or give any
special directions respecting the carriage or execution of it, and in the case of applications for the order by two or more
different persons or classes of persons, may grant it to such,
as it deems fit.
(3) Where a Court deems fit, the carriage or execution of the
order may subsequently be given to such person and on
terms.
(4) On making of an order, or at any time afterwards, a
Court may, if it deems fit, make any other order which
appear requisite to secure the proper collection, recovery
for safe-keeping and disposal of the property or any part of
it.

5. (1) In case of intestacy, where the special circumstances of
   the case appear to the Court so to require, a Court may, if it
   deems fit, on the application of any person having interest
   in the estate of the deceased or of its own motion, grant
   letters of administration to an officer of the Court, to a
   consular officer or to a person in the service of the
   Government.
   (2) The officer or person so appointed shall act under the
   direction of the Court and shall be indemnified.
   (3) A Court shall require and compel him to file in the Court
   the accounts of his administration of the estate at intervals
   not exceeding three months.
6. Where a person died intestate as to his personal estate or
   leaving a Will affecting personal estate, but without having
   appointed an executor willing and competent to take
   probate, or where the executor, at the time of the death of
   that person, is resident out of the jurisdiction, a Court,
   where it appears necessary or convenient may appoint
   some persons to be the administrator of the personal estate
   of the deceased upon his giving security, if any, as the
   Court shall direct, and every such administration may be
   limited as the Court deems fit.

7. (1) A Court may direct that any administrator (with or
   without the Will annexed) shall receive out of the personal and real estate of the deceased such reasonable remuneration as it deems fit, a sum not less than 5% of the amount of the realized property or when not converted into money, on the value of the property duly administered and accounted for by him.
   (2) Where a Court is satisfied that by reason of exceptional circumstances the administration of the property has required an extraordinary amount of labour to be bestowed on it, the Court may allow for that property a higher rate of remuneration as it deems fit.

8. An application for an order for a grant of special
   administration where a personal representative is residing
   outside the Federal Capital Territory, shall be made to a
   Court on motion.
9. (1) A person aggrieved by any decision or requirement
   imposed by a Registrar may by way of summons file an
   action in Court.
   (2) Where in an appeal under sub-rule (1), any person
   besides the appellant appeared or was represented before a
   Registrar from whose decision or requirement the appeal is
   brought, the summons shall be issued within 7 days for
   hearing on the first available day and shall be served on
   every such person concerned.
10. (1) A judge or Registrar may direct that a notice of motion
    or summons for the service of which no other provision is
    made in this Order shall be served on such person or
    persons.
    (2) Whereby the provision of this Order or by a direction
    given under sub-rule (1), a notice of motion or summons is
    required to be served on a person, it shall be served not less
    than 5 days before the hearing of the motion or summons.

11. (1) A notice to prohibit the issuance of a grant of probate or
    letter of administration (without or with a Will attached)
    may be filed in the Court.
    (2) Where the order of caveat is granted by the Court, the applicant shall notify the Registrar.

12. (1) The Interpretation Act shall apply to the interpretation
    of this Order.
    (2) In this Order, and Orders 56, 57, 58, 59 and 60 –
    “authorized officer” means an officer or a Registrar
    authorized by law to administer an oath or to take an
    affidavit required for any purpose connected with his
    duties;
    “gross value” in relation to an estate means the value of the
    estate without deduction for debts, encumbrances, funeral
    expenses or estate duty;
    “oath” means the oath required by this Order to be sworn
    by every applicant for grant;
    “personal applicant” means a person other than a trust
    corporation who seeks to obtain a grant without
    employing a legal practitioner and “personal application”
    has a corresponding meaning;
    “Registrar” means the Probate Registrar or any other
    person acting on his behalf;
    “registry” or “probate registry” means the probate registry
    at the High Court of the Federal Capital Territory, Abuja.
    “Will” includes a codicil and any testamentary document
    or copy or reconstruction of it.
    (3) A reference in this Order to a Rule or enactment shall be
    construed as apply to it as amended, extended or applied
    by any other Rule or enactment.

[/membership]