The Probate and Administration Act, 1977

Preamble

Code PROBATE AND ADMINISTRATION ACT, 1977 (Act No. XXIX of Svt. 1977) PROBATE AND ADMINISTRATION ACT, 1977. (Act No. XXIX of Svt. 1977) CONTENTS Preamble. CHAPTER I Preliminary 1. Short title, extent and com- mencement. 2. Application. 3. Interpretation clause. CHAPTER II Of Grant of Probate and Letters of Administration 4. Character and property of executor or administrator as such. 5. Administration with copy annexed of authenticated copy of will proved abroad. 6. Probate only to appointed executor. 7. Appointment, express or implied. 8. Persons to whom probate cannot be granted. 9. Grant of probate to several execu- tors simultaneously or at different times. 10. Separate probate of codicil dis- covered after grant of probate. Procedure when different executors appointed by codicil. 11. Accrual of representation to surviving executor. 12. 13. To whom administration may not Effect of letters of administration. 15. Acts not validated by adminis- tration. 16. Grant of administration where executor has not renounced. Exception. 17. Form and effect of renunciation of executorship. 18. Procedure where executor renounces or fails to accept within time limited. 19. Grant of administration to universal or residuary legatee. 20. Right to administration of represen- tative of deceased residuary legatee. 21. Grant of administration where no executor, nor residuary legatee, nor representative of such legatee. 22. Citation before grant of admin- istration to legatee other than universal or residuary. 23. To whom administration may be granted. CHAPTER III Of Limited Grants (a) .- Grants limited in duration. 24. Probate of copy or draft of lost will. 25. Probate of contents of lost or destroyed will. 26. Probate of copy where original exists. millistration until unAdminist limited, Administration limited to purpose of becoming party to suit to be brought against executor or ad- ministrator. 28. Administration with will annexed to attorney of absent executor. 29. Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer. 30. Administration to attorney of absent person entitled to ad- minister, in case of intestacy. 31. Administration during minority of sole executor or residuary legatee. 32. Administration during minority of several executors or residuary legatees. 33. Administration for use and benefit of lunatic. 34. Administration pendent lite. (c) .- For special purposes. 35. Probate limited to purpose specified in will. 36. Administration with will annexed limited to particular purpose. 37. Administration limited to trust 38. Administration limited to suit. 27. (b) .- Grants for the use and benefit of others having right. 40. Administration limited to collection and preservation of deceaseds property. 41. Appointment, as administrator, of person other than one who under ordinary circumstances would be entitled to administration. (d) .- Grants with exception. 42. Probate or administration with will annexed subject to exception. 43. Administration with exception. (e) .- Grants of the rest. 44. Probate or administration of rest. (f) .- Grants of effects unadministered. 45. Grant of effects unadministered. 46. Rules as to grants of effects unadministered. 47. Administration when limited grant expired and still some part of estate unadministered. CHAPTER IV Alteration and Revocation of Grants 48. What errors may be rectified by Court. 49. Procedure where codicil discov- ered after grant of administration with will annexed. 50. Revocation or annulment for just cause. Just cause. CHAPTER V Of the Practice in Granting and revoking Probates and Letters of Administration 51. Jurisdiction of District Judge in granting and revoking probates, etc. 52. Power to appoint Delegate of District Judge to deal with non- contentious cases. 53. District Judges powers as to grant of probate and administration. 54. District Judge may order person to produce testamentary papers. 55. Proceedings of District J

Sections

Type to filter. 151 sections.

1. 1
2. 2Application
3. 3Interpretation clasue
4. 4Character and property of executor or administrator as such
5. 5Administration with copy annexed of authenticated copy of will proved abroad
6. 6Probate only to appointed executor
7. 7Appointment express or implied
8. 8Persons to whom probate cannot be granted
9. 9Grant of probate to several executors simultaneously or at different times
10. 10Separate probate of codicil discovered after grant of probate
11. 11Accrual of representation to surviving executor
12. 12Effect of probate
13. 13To whom administration may not be granted
14. 14Effect of letters of administration
15. 15Acts not validated by administration
16. 16Grant of administration where executor has not renounced
17. 17From and effect of renunciation of executorship
18. 18Procedure where executor renounces or fails to accept within time limited
19. 19Grant of administration to universal of residuary legate
20. 20Right to administration of representative of deceased residuary legatee
21. 21
22. 22Citation before grant of administration to legatee other than universal or residuary
23. 23To whom administration may be granted
24. 24Probate of copy or draft of lost will
25. 25Probate of contents of lost or destroyed will
26. 26Probate of copy where original exists
27. 27Administration until will produced
28. 28Administration with will annexed to attorney of absent executor
29. 29
30. 30Administration to attorney of absent person entitled to administer in case of intestacy
31. 31Administration during minority of sole executor or residuary legatee
32. 32Administration during minority of several executors or residuary legatee
33. 33Administration for use and benefit of lunatic
34. 34Administration pendent lite
35. 35Probate limited to purpose specified in will
36. 36Administration with will annexed limited to particular purpose
37. 37Administration limited to trust-property
38. 38Administration limited to suit
39. 39
40. 40Administration limited to collection and preservation of deceased property
41. 41
42. 42Probate or administration with will annexed subject to exception
43. 43Administration with exception
44. 44Probate or administration of rest
45. 45Grant of effects unadministered
46. 46Rules as to grants of effects unadministered
47. 47Administration when limited grant expired, and still some part of estate unadministered
48. 48What errors may be rectified by Court
49. 49Procedure where codicil discovered after grant of administration with will annexed
50. 50Revocation or annulment for just cause
51. 51Jurisdiction of District Judge in granting and revoking probates, etc
52. 52Power to appoint Delegate of District-Judge to deal with noncontentious cases
53. 53District Judges powers as to grant of probate and administration
54. 54District Judge may order person to produce testamentary papers
55. 55Proceedings of District Judges Court in relation to probate and administration
56. 56When probate or administration may be granted by District Judge
57. 57Disposal of application made to Judge of district in which deceased had no fixed abode
58. 58Probate and letters of administration may be granted by Delegate
59. 59Conclusiveness of probate or letters of administration
60. 60Transmission to High Court of certificates of grants under proviso to section 59
61. 61Conclusiveness of application for probate or administration, if properly made and verified
62. 62Petition for probate
63. 63
64. 64Petition for letters of administration
65. 65Additional statements in petition for probate, etc
66. 66Petition for probate or administration to be signed and verified
67. 67Verification of petition for probate by one witness to will
68. 68Punishment for false averment to petition or declaration
69. 69
70. 70Caveats against grant of probate or administration
71. 71Form of caveat
72. 72After entry of caveat no proceeding taken on petition until after notice to caveator
73. 73District Delegate when not to grant probate or administration
74. 74Power to transmit statement to District Judge in doubtful cases where no contention
75. 75
76. 76Grant of probate to be under seal of Court
77. 77Grant of letters of administration to be under seal of Court
78. 78Administration-bond
79. 79Assignment of administration-bond
80. 80Time before which probate or administration shall not be granted
81. 81Filing of original wills of which probate or administration with will annexed granted
82. 82Grantee of probate or administration alone to sue, etc., until same revoked
83. 83Procedure in contentious cases
84. 84
85. 85Powers to refuse letters of administration
86. 86Appeals from orders of District Judge
87. 87Concurrent jurisdiction of High Court
88. 88
89. 89
90. 90Power of executor or administrator to dispose of property
91. 91Purchase by executor or administrator of deceaseds property
92. 92Powers of several executors or administrators exercisable by one
93. 93Survival of powers on death of one of several executors or administrators
94. 94Powers of administrator of effects unadministered
95. 95Power of administrator during minority
96. 96Powers of married executix or administratrix
97. 97As to deceased's funeral ceremonies
98. 98Inventory and account
99. 99Inventory to include property in any part of the State
100. 100As to property of, and debts owing to, deceased
101. 101Expenses to be paid before all debts
102. 102Expenses to be paid next after such expenses
103. 103Wages for certain services to be next paid, and then other debts
104. 104
105. 105Debts to be paid before legacies
106. 106Executor or administrator not bound to pay legacies without indemnity
107. 107Abatement of general legacies, executor not to pay one legatee in preference to another
108. 108Non-abatement of specific legacy when assets sufficient to pay debts
109. 109
110. 110Rateable abatement of specific legacies
111. 111Legacies treated as general for purpose of abatement
112. 112Assent necessary to complete legatee's title
113. 113Effect of executor's assent to specific legacy
114. 114Conditional assent
115. 115Assent of executor to his own legacy
116. 116Effect of executor's assent
117. 117Executor when to deliver legacies
118. 118Commencement of annuity when no time fixed by will
119. 119When annuity, to be paid quarterly or monthly, first falls due
120. 120
121. 121Investment of sum bequeathed where legacy, not specific, given for life
122. 122Investment of general legacy, to be paid at future time
123. 123Procedure when no fund charged with, or appropriated to, annuity
124. 124Transfer to residuary legatee of contingent bequest
125. 125
126. 126Time and manner of conversion and investment, interest payable until investment
127. 127
128. 128Legatee's title to produce of specific legacy
129. 129Residuary legatee's title to produce of residuary fund
130. 130Interest when no time fixed for payment of general legacy
131. 131Interest when time fixed
132. 132Rate of interest
133. 133No interest on arrears of annuity within first year after testator's death
134. 134Interest on sum to be invested to produce annuity
135. 135Refund of legacy paid under Judge's orders
136. 136No refund if paid voluntarily
137. 137Refund when legacy becomes due on performance of condition within further time allowed
138. 138When each legatee compellable to refund in proportion
139. 139Distribution of assets, creditor may follow assets
140. 140Creditor may call upon legatee to refund
141. 141
142. 142
143. 143Limit to refunding of one legatee to another
144. 144Refunding to be without interest
145. 145Residue after usual payments to be paid to residuary legatee
146. 146Liability of executor or administrator for devastation
147. 147Liability for neglect to get in any part of property
148. 148Provisions applied to administer with will annexed
149. 149Saving clause
150. 150
151. 157Surrender of revoked probate or letters of administration