Order 60 FCT (Civil Procedure) Rules 2025

Order 60 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Probate (Contentious) Procedure. It contains the following rules:

1. (1) Where a person appointed as an executor under a Will
   fails or neglects or delays to apply for a Grant of Probate in
   order to administer the estate, and has not renounced
   probate, with due regard to the degree of priority, either the
   next of kin of the deceased, a beneficiary under the Will or some other persons entitled to the Grant of Probate (known as ‘the Citor’), may proceed by way of Citation to compel the executor or executors (known as ‘the Citees’) to accept or refuse a Grant of Probate.

(2) To proceed by way of Citation, the Citor shall:
(a) have entered a caveat in the manner provided
under this Rules to prevent a grant of probate from being issued;
(b) produce a copy of the Will, attached to the Citation;
(c) set out the reason for its issue, the interest of the
Citor issuing it and the order the Citor is asking
to be made in the Citation;

PROVIDED that where the Citor does not have a copy of
the Will or testamentary document, for the purposes of the
Citation a subpoena to produce same shall be contemporaneously served on the person in possession to produce it.
(3) A citation shall not issue under the seal of the Court until an affidavit, in verification of the averments it contains, has been filed in the Registry.
(4) Upon issue, the Citation shall be served on the Citee in
the manner processes are prescribed to be served under
these Rules, requiring him to enter an appearance with the registry within 8 days from the date of service on him, inclusive of the date of such service.

(5) Upon being served, the Citee may:
(a) Apply for a grant of probate, in which case the Citation abates;
(b) Provide a valid explanation as to why probate has not yet been granted or applied for, and if such explanation is offered, the Court shall dismiss the
citation; or
(c) Renounce their executorship.

(6) Upon proof that the Citee was served:
(a) Where he fails to enter an appearance, the Citee may be deemed to have constructively renounced
probate or the Citor can seek an order either
requiring the Citee to take the Grant out within a
specified time or the removal of the Citee as an
executor or the Citor can himself apply for the grant
of probate or a grant of administration with Will
annexed in relation to the testamentary document.
(b) Where the Citee enters an appearance but
renounces probate or, while not renouncing
probate, the Citee still fails to apply for a Grant, the
Citor can apply for himself a grant of probate or a
grant of administration with Will annexed in
relation to the testamentary document.

(7) Where there are conflicting claims for a grant among the
members of a class entitled to administration, the grant
shall be made to such of the claimants as the Registrar shall
select having given not less than 21 days’ notice to the rival
claimants, or on objection made in writing within the said
period, to such person as the Court shall select.

2. (1) If a deceased person has made several Wills and a
   beneficiary discovers or apprehends that they may receive
   less under an earlier Will or under intestacy, such
   beneficiary (the citor) may apply to propound the Will by
   way of citation, thereby compelling the persons (the citees)
   who stand to benefit under the later Will to decide whether
   to propound or prove it, and make it susceptible to be
   contested, and upon failure to propound or prove the Will,
   for it to be assumed to be invalid.
   (2) A citation to propound a Will shall be directed to the
   executors named in the Will and to all persons interested in
   it.
   (3) If time limited for appearance has expired, the citor
   may–
   (a) in the case where no person cited has entered an
   appearance, apply to the Registrar for a grant as if the
   Will were invalid and such application shall be supported by an affidavit showing that the citation was duly served; or

(b) in the case where the person cited who has entered an appearance failed to proceed with reasonable diligence to propound the Will, apply to the Registrar
by summons, which shall be served on every person cited who has entered an appearance, for such an order as is mentioned in paragraph (a) above.

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