Probate and Administration Act
(CHAPTER 251)

(Original Enactment: Ordinance 24 of 1934)

REVISED EDITION 1985
(30th March 1987)
An Act relating to the grant of probate and letters of administration.
[1st January 1935]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Probate and Administration Act.
Interpretation
2.  In this Act, unless there is something repugnant in the subject or context —
“court” means the High Court or a judge when sitting in open court in all cases where proceedings are taken in the High Court and means the District Court or a District Judge when sitting in open court in all cases where proceedings are taken in a District Court;
“judge” means a judge sitting in chambers in all cases where proceedings are taken in the High Court and means a District Judge sitting in chambers in all cases where proceedings are taken in a District Court;
“letters of administration” means a grant under the seal of the court issuing the same, authorising the person or persons therein named to administer an intestate’s estate in accordance with law;
“letters of administration with the will annexed” means a grant under the seal of the court issuing the same, authorising the person or persons therein named to administer a testator’s estate in compliance with the directions contained in his will, and in accordance with law;
“official assignee” includes any officer appointed by the Minister to discharge the duties of official assignee in bankruptcy;
“prescribed form” means the form prescribed by rules made under any law for the time being in force relating to the courts;
“probate” means a grant under the seal of the court issuing the same, authorising the executor or executors expressly or impliedly appointed by a testator’s will, or one or more of them, to administer the testator’s estate in compliance with the directions contained in his will, and in accordance with law;
“probate action” means a cause or matter in which a petition for probate or letters of administration is contested by any person, and includes any application to alter or revoke the grant of any probate or letters of administration;
“registrar” means the Registrar or the Deputy Registrar or Assistant Registrar of the Supreme Court in all cases where proceedings are taken in the High Court and means a registrar or deputy registrar of a District Court in all cases where proceedings are taken in a District Court to which a registrar is attached and means a District Judge in all cases where proceedings are taken in any other District Court;
“will” includes any codicil or other testamentary document.