Order 58 FCT (Civil Procedure) Rules 2025
Order 58 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Grant of Letters of Administration (with Will attached). It contains the following rules:
- Unless hereinafter specifically provided, the procedure
prescribed for grant of letters of administration without
Will in Order 57 shall apply to this order with such
modifications as the circumstances may require.
- (1) Where a person dies, the person(s) entitled to a grant of
letters of administration with the Will annexed shall be
determined in the following order of priority –
(a) The executor;
(b) Any residuary legatee or devisee holding in trust for
any other persons;
(c) A residuary legatee or devisee for life;
(d) A residuary legatee or devisee whose legacy is vested in
interest;
(e) The ultimate residuary legatee or devisee, including
one entitled on the happening of a contingency or,
where the residue is not wholly disposed of by the Will:
(i) A person entitled to share in the residue not
disposed of by Will, or his personal representative;
(ii) A legatee or devisee entitled to a share in the estate
disposed of;
(f) A specific wholly disposed of by Will, any person who,
notwithstanding that the amount of the estate is such
that he has no immediate beneficial interest in it, may
have a beneficial interest in the event of an accretion
thee or devisee or creditor, a personal representative of
any such person or, where the estate is not o it;
(g) A specific legatee or devisee entitled on the happening of a contingency, or a person having no interest under
the Will of the deceased who would have been entitled
to a grant if the deceased had died wholly intestate.
(2) Where the residue is not in terms wholly disposed of, the Registrar may, if satisfied that the testator has disposed of the whole or substantially the whole of the estate as ascertained at the time of the application for the grant, allow a grant to be made to any legatee or devisee entitled to, or to a share in the estate so disposed of, without regard to the persons entitled to share in a residue not disposed of by the Will.
- (1) On receipt of an application for letters of administration
with Will annexed, the Probate Registrar shall inspect the
Will and see whether it appears to be signed by the testator
or by some other person in his presence and by his
direction, and subscribed by two witnesses according to
the relevant provisions of the law and shall not proceed
further if the Will does not appear to be so signed and
subscribed.
(2) Where a Will appears to be signed and subscribed, the
Registrar shall then refer to the attestation clause (if any)
and consider whether the wording states the Will to have
been, in fact, executed in accordance with those provisions.
- (1) Where there is no proving executor, an application to
join with a person entitled to a grant of administration with
the Will attached –
(a) another person in a lower degree in default of
renunciation by all persons entitled in priority to him;
or
(b) another person having no right to the grant, may be
made to the Registrar,supported by an affidavit of a
person entitled, the consent of the person proposed to
be joined as personal representative and such other
evidence as the Registrar may require.
(2) The following may without an application be joined with a person entitled to administration with the Will attached –
(i) Any kin of the deceased having no beneficial interest in the estate, on the renunciation of all persons entitled to join in the grant;
(ii) Unless the Probate Registrar directs, a person nominated for that purpose, by the infant’s guardian;
(iii) A trust corporation.
- (1) An application to add a personal representative shall be
made to the Registrar and shall be supported by an
affidavit by the applicant, with the consent of the person
proposed to be added as personal representative and such
other evidence as the Registrar may require.
(2) On an application, the Probate Registrar may direct that,
a note shall be made on the original grant of the addition of
a further personal representative, or he may impound or
revoke the grant or make an order as the circumstances
require.
- Where the beneficial interest in the whole estate of a
deceased is vested absolutely in one person who has
renounced his right to a grant of administration with the
Will attached and has consented to such administration
being granted to a person(s) who would be entitled to his
estate if he himself had died intestate, administration may
be granted to such person or more (not exceeding four) of
such persons, but a surviving spouse shall not be regarded
as a person in whom the estate has vested absolutely,
unless he would be entitled to the whole of the estate,
whatever its value may be.
- (1) Renunciation of probate by an executor shall not
operate as renunciation of any right which he may have to a
grant of administration in some other capacity unless he
expressly renounces such right.
(2) Except the Registrar directs, no person who has renounced a grant in one capacity may obtain a grant in some other capacity.
(3) A renunciation of probate or administration may be retracted at any time on the Order of the Registrar, but only in exceptional circumstances may leave be given to an executor to retract a renunciation of probate after a grant has been made to some other person entitled in a lower degree.
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