(2) Probate or letters of administration shall afford full indemnity to
all debtors paying their debts, and all persons delivering up such property to
the person to whom the probate or letters of administration shall have been
granted.
243. Conclusiveness of application for probate or administration.
An application for probate or letters of administration, if made and verified
in the manner hereafter provided, shall be conclusive for the purpose of
authorising the grant of probate or administration, and no such grant shall be
impeached by reason that the testator or intestate had no fixed place of abode,
or no property within the district or area at the time of his or her death, unless
by a proceeding to revoke the grant if obtained by a fraud upon the court.
244. Petition for probate.
An application for probate shall be made by a petition distinctly written in
the English language with the will annexed, and stating—
(a) the time of the testator’s death;
(b) that the writing annexed is the testator’s last will and testament
and that it was duly executed;
(c) the amount of assets which are likely to come to the petitioner’s
hands; and
(d) that the petitioner is the executor named in the will,
and in addition to such particulars, when the application is to a district
delegate, the petition shall further state that the deceased, at the time of his
or her death, had his or her fixed place of abode, or had some property,
movable or immovable, situate within the jurisdiction of the delegate.
245. Translation of will to be annexed to petition.
In cases where the will is written in any language other than English, there
shall be a translation of it annexed to the petition by a translator of the court,
if the language is one for which a translator is appointed, or, if the will is in
any other language, then by any person competent to translate it, in which
case the translation shall be verified by that person in the following
manner—
“I, _______________, do declare that I read and perfectly
understand the language and character of the original, and that
the above is a true and accurate translation of it.”.
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières