PART 14 | Division 1 — Non‑contentious probate proceedings |
| Definitions and application |
206.—(1) In these Rules, unless the context otherwise requires —| “Majlis Ugama Islam, Singapura” means the Majlis Ugama Islam, Singapura, constituted and continued under section 3 of the Administration of Muslim Law Act (Cap. 3); [S 523/2020 wef 01/07/2020] |
| “oath” means the oath under section 28 of the Act; |
| “record of caveats” refers to the information kept by the Registry of caveats entered in proceedings under the Act; |
| “record of probate applications” refers to the information kept by the Registry of probate applications and actions made under the Act; |
| “statutory guardian” means a guardian of an infant appointed by the Court under section 5, 6 or 8 of the Guardianship of Infants Act (Cap. 122) or a person granted custody, care and control of an infant under Part III of the Administration of Muslim Law Act (Cap. 3) or Part X, Chapter 5 of the Women’s Charter (Cap. 353); |
| “testamentary guardian” means a person as defined in section 7 of the Guardianship of Infants Act; |
| “trust corporation” means a company licensed as a trust company under the Trust Companies Act (Cap. 336) and includes the Public Trustee and the Majlis Ugama Islam, Singapura; [S 523/2020 wef 01/07/2020] |
| “will” includes a nuncupative will and any testamentary document or copy or reconstruction thereof. |
| (2) In this Division, unless the context otherwise requires, “Act” means the Probate and Administration Act (Cap. 251), and any reference to a section is to be construed as a reference to a section in the Act. |
| (3) Subject to this Division, Parts 1, 2, 3, 4, 18 and 19 apply, with the necessary modifications, to non‑contentious probate proceedings. |
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| Duty of Registrar on receiving application for grant |
207.—(1) The Registrar must not allow any grant to issue until all inquiries which he may see fit to make have been answered to his satisfaction.| (2) The Registrar may require proof of the identity of the deceased or of the applicant for the grant beyond that contained in the originating summons. |
(3) Except with the leave of the Registrar —| (a) | no grant of probate or of administration with the will annexed shall issue within 7 days after the deceased’s death; and | | (b) | no grant of administration shall issue within 14 days after the deceased’s death. |
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208.—(1) An application for a grant must be by ex parte originating summons.(2) Within 14 days after filing the originating summons, the applicant must file an affidavit verifying the information in the Statement in Form 51 and there must be exhibited to the affidavit —| (a) | a Statement in Form 51; | | (b) | a certified true copy of the will; and | | (c) | all other supporting papers as the Registrar may require. |
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| (3) Where the deceased to whom the application for a grant relates died before 15 December 2003, the applicant for a grant must state in the Statement in Form 51 whether, to the best of the applicant’s knowledge, there is any probate application or action in respect of the deceased’s estate. [S 156/2023 wef 12/04/2023] |
(4) On an application for a grant of administration, the Statement in Form 51 must state —| (a) | whether, and, if so, in what manner all persons having a prior right to a grant have been cleared of; and | | (b) | whether any minority or life interest arises under the will or intestacy. |
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| (5) Where the deceased died domiciled outside Singapore, the Statement in Form 51 must state where the deceased died domiciled. |
| (6) If the Statement in Form 51 states where the deceased died domiciled (whether in or outside Singapore) a statement as to the country in which he died domiciled may be included in the grant. |
(7) A Statement in Form 51 must state the following:| (a) | where any person is named as a relative of the deceased — | (i) | he must, if a lawful relative, be so described; and | | (ii) | where the legality of any such relationship is alleged by virtue of any law or custom, such law or custom; |
| | (b) | where it is alleged that any person is entitled to share in the distribution of an intestate’s estate —| (i) | how such person is related to the deceased and whether he is the only or one of the next‑of‑kin; and | | (ii) | by what law or custom that person is so entitled. |
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| (8) Where an application for a grant is, for the first time, made after the lapse of 6 months from the deceased’s death, the Statement in Form 51 must set out the reason for the delay in making the application. |
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209. Where it is necessary to describe the deceased in a grant by some name in addition to his true name, the applicant must state in the Statement in Form 51 —| (a) | the true name of the deceased; and | | (b) | that some part of the estate, specifying it, was held in the other name, or as to any other reason that there may be for the inclusion of the other name in the grant. |
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| Engrossments for purposes of record |
210.—(1) Where the Registrar considers that in any particular case a photographic copy of the original will would not be satisfactory for the purposes of record, he may require an engrossment suitable for photographic reproduction to be filed.(2) An engrossment of a will, in the form in which the will is to be proved, must be filed if —| (a) | the will contains alterations that are not admissible to proof; or | | (b) | a court orders under section 28(1) of the Wills Act (Cap. 352) that the will be rectified so as to carry out the testator’s intentions. [S 610/2016 wef 01/12/2016] |
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| (3) Any engrossment filed must reproduce the punctuation, spacing and division into paragraphs of the will. |
| (4) Where any pencil writing appears on a will, there must be filed a copy of the will or of the pages or sheets containing the pencil writing, in which there must be underlined in red ink those portions which appear in pencil in the original. |
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| Evidence as to due execution of will |
211.—(1) Where a will contains no attestation clause or the attestation clause is insufficient or where it appears to the Registrar that there is some doubt about the due execution of the will, he shall, before admitting it to proof, require an affidavit as to due execution —| (a) | from one or more of the attesting witnesses; or | | (b) | if no attesting witness is conveniently available, from any other person who was present at the time the will was executed. |
| (2) If no affidavit can be obtained in accordance with paragraph (1), the Registrar may, if he thinks fit having regard to the desirability of protecting the interest of any person who may be prejudiced by the will, accept evidence on affidavit from any person the Registrar may think fit to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of the execution of the will. |
(3) The Registrar, after considering the evidence —| (a) | must, if he is satisfied that the will was not duly executed, refuse probate and order accordingly; or | | (b) | may, if he is doubtful whether the will was duly executed, refer the matter to the Court. |
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| Execution of will of blind or illiterate testator |
| 212. Before admitting to proof a will which appears to have been signed by a blind or illiterate testator or by another person by direction of the testator, or which for any other reason gives rise to doubt as to the testator having had knowledge of the contents of the will at the time of its execution, the Registrar must satisfy himself that the testator had such knowledge. |
| Evidence as to terms, conditions and date of execution of will |
213.—(1) Where there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by section 16 of the Wills Act (Cap. 352), or by the re‑execution of the will or by the execution of a codicil, the Registrar shall —| (a) | require evidence to show whether the alteration was present at the time the will was executed; and | | (b) | give directions as to the form in which the will is to be proved. |
| (2) Paragraph (1) does not apply to any alteration which appears to the Registrar to be of no practical importance. |
(3) If from any mark on the will it appears to the Registrar that some other document has been attached to the will, or if a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the Registrar may —| (a) | require the document to be produced; and | | (b) | call for such evidence in regard to the attaching or incorporation of the document as the Registrar thinks fit. |
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| (4) Where there is a doubt as to the date on which a will was executed, the Registrar may require such evidence as he thinks necessary to establish the date. |
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| Attempted revocation of will |
| 214. Any appearance of attempted revocation of a will by burning, tearing or otherwise, and every other circumstance leading to a presumption of revocation by the testator, must be accounted for to the Registrar’s satisfaction. |
| Affidavit as to due execution, terms, etc., of will |
215.—(1) The Registrar may require an affidavit from any person he may think fit for the purpose of satisfying himself as to any of the matters referred to in rules 212, 213 and 214.| (2) Where an affidavit referred to in paragraph (1) is sworn by an attesting witness or other person present at the time of the execution of a will the deponent must depose to the manner in which the will was executed. |
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| Wills not proved under section 6 of Wills Act |
| 216. Nothing in rule 211, 212, 213 or 214 is to apply to any will which it is sought to establish otherwise than by reference to section 6 of the Wills Act (Cap. 352), but the terms and validity of any such will must be established to the Registrar’s satisfaction. |
| Wills of persons on military service and seamen |
| 217. If it appears to the Registrar that there is prima facie evidence that a will is one to which section 27 of the Wills Act (Cap. 352) applies, the will may be admitted to proof if the Registrar is satisfied that it was signed by the testator or, if unsigned, that it is in the testator’s handwriting. |
218.—(1) Where evidence of the law of a country outside Singapore is required on any application for a grant, the affidavit of any person who practises, or has practised, as a barrister or an advocate in that country and who is conversant with its law may be accepted by the Registrar unless the deponent is a person claiming to be entitled to the grant or his attorney, or is the spouse of any such person or attorney.| (2) Despite paragraph (1), the Registrar may in special circumstances accept the affidavit of any other person who does not possess the qualifications required by this rule if the Registrar is satisfied that, by reason of that person’s official position or otherwise, that person has knowledge of the law of the country in question. |
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| Order of priority for grant where deceased left will |
| 219. The person or persons entitled to a grant of probate or administration with the will annexed must be determined in accordance with sections 8 and 13. |
| Grants to attesting witnesses, etc. |
| 220. Where a gift to any person fails by reason of section 10 of the Wills Act (Cap. 352), such person shall not have any right to a grant as a beneficiary named in the will, without prejudice to his right to a grant in any other capacity. |
| Order of priority for grant in case of intestacy |
| 221. Where the deceased died wholly intestate, the person entitled to a grant of administration must be determined in accordance with section 18. |
| Right of assignee to grant |
222.—(1) Where all the persons entitled to the deceased’s estate (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assignees shall replace, in the order of priority for a grant of administration, the assignor or, if there are 2 or more assignors, the assignor with the highest priority.| (2) Where there are 2 or more assignees, administration may be granted with the consent of the others to any one or more (not exceeding 4) of them. |
| (3) In any case where administration is applied for by an assignee, a copy of the instrument of assignment must be filed with the Registry. |
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| Additional personal representatives |
223.—(1) An application under section 6(4) to add a personal representative must —| (a) | be made by summons to the Registrar; and | | (b) | be supported by an affidavit by the applicant, the consent of the person proposed to be added as personal representative and such other evidence as the Registrar may require. |
| (2) A summons under paragraph (1) must be served on all persons entitled in the same degree as the applicant. |
| (3) On any such application the 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 such other order as the circumstances of the case may require. |
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| Grants where 2 or more persons entitled in same degree |
224.—(1) A grant may be made to any person entitled to the grant without notice to other persons entitled in the same degree.| (2) A dispute between persons entitled to a grant in the same degree must be brought by summons before the Registrar. |
| (3) Unless the Registrar otherwise directs, administration must be granted to a living person in preference to the personal representative of a deceased person who would, if living, be entitled in the same degree and to a person not under disability in preference to an infant entitled in the same degree. |
| (4) If the issue of a summons under this rule is known to the Registrar, he must not allow any grant to be extracted until such summons is finally disposed of. |
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| Exceptions to rules as to priority |
225.—(1) Nothing in rule 219, 221 or 224 shall operate to prevent a grant being made to any person to whom a grant may or may be required to be made under any written law.| (2) The rules mentioned in paragraph (1) do not apply where the deceased died domiciled outside Singapore, except in a case to which rule 227(2) applies. |
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| Grants to persons having expectation of succession13 |
| 226. When the beneficial interest in the whole estate of the deceased is vested absolutely in a person who has renounced his right to a grant and has consented to administration being granted to the person or persons who would be entitled to his estate if he himself had died intestate, administration may be granted to such person or one or more (not exceeding 4) of such persons. |
| Grants where deceased died domiciled outside Singapore |
227.—(1) Where the deceased died domiciled outside Singapore, an application may be made to the Registrar for an order for a grant —| (a) | to the person entrusted with the administration of the estate by the Court having jurisdiction at the place where the deceased died domiciled; | | (b) | to the person entitled to administer the estate by the law of the place where the deceased died domiciled; | | (c) | if there is no such person as is mentioned in sub‑paragraph (a) or (b) or if in the opinion of the Registrar the circumstances so require, to such person as the Registrar may direct; or | | (d) | if, by virtue of section 6, a grant is required to be made to, or if the Registrar in his discretion considers that a grant should be made to, not less than 2 administrators, to such person as the Registrar may direct jointly with any such person as is mentioned in sub‑paragraph (a) or (b) or with any other person. |
(2) Despite paragraph (1), where there is no such application referred to in that paragraph —| (a) | probate of any will which is admissible to proof may be granted —| (i) | if the will is in the English language, to the executor named in the will; or | | (ii) | if the will describes the duties of a named person in terms sufficient to constitute him as an executor according to the tenor of the will, to that person; and |
| | (b) | where the whole of the estate in Singapore consists of immovable property, a grant limited to that immovable property may be made in accordance with the law which would have been applicable if the deceased had died domiciled in Singapore. |
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228.—(1) Where a person entitled to a grant resides outside Singapore, administration may be granted to his lawfully constituted attorney for that person’s use and benefit, limited until that person obtains a grant or in such other way as the Registrar may direct.| (2) Administration may be granted to a lawfully constituted attorney provided the attorney files a certified true copy of the power of attorney with the originating summons or proves that he has deposited it or a certified copy of it in the Registry of the Supreme Court in the manner provided by the Conveyancing and Law of Property Act (Cap. 61). |
| (3) Despite paragraphs (1) and (2), where the person so entitled is an executor, administration must not be granted to his attorney without notice to the other executors, if any, unless such notice is dispensed with by the Registrar. |
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| Grants on behalf of infants |
229.—(1) Where the person to whom a grant would otherwise be made is an infant, administration for his use and benefit until he attains the age of 21 years shall, subject to paragraphs (3), (4) and (6), be granted —| (a) | to both parents of the infant jointly or to the statutory or testamentary guardian of the infant or to any guardian appointed by a court of competent jurisdiction; or | | (b) | if there is no such guardian able and willing to act and the infant has attained the age of 16 years —| (i) | to any next‑of‑kin nominated by the infant; or | | (ii) | where the infant is a married woman, to any such next‑of‑kin or to her husband if nominated by her. |
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| (2) Any person nominated under paragraph (1)(b) may represent any other infant whose next‑of‑kin he is, being an infant below 16 years old entitled in the same degree as the infant who made the nomination. |
| (3) Despite this rule, administration for the use and benefit of the infant until he attains the age of 21 years may be granted to any person assigned as guardian by order of the Registrar in default of, or jointly with, or to the exclusion of, any such person as is mentioned in paragraph (1). |
| (4) An order referred to in paragraph (3) may be made on application by the intended guardian, who must file an affidavit in support of the application and, if required by the Registrar, an affidavit of fitness sworn by a responsible person. |
| (5) Where by virtue of section 6, a grant is required to be made to not less than 2 administrators and there is only one person competent and willing to take a grant under paragraphs (1), (2) and (3), administration may, unless the Registrar otherwise directs, be granted to such person jointly with any other person nominated by him as a fit and proper person to take the grant. |
| (6) Where an infant who is sole executor has no interest in the residuary estate of the deceased, administration for the use and benefit of the infant until he attains the age of 21 years must, unless the Registrar otherwise directs, be granted to the person entitled to the residuary estate. |
| (7) An infant’s right to administration may be renounced only by a person assigned as guardian under paragraph (3) and authorised to renounce by the Registrar. |
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| Grants where infant is co‑executor |
230.—(1) Where one of 2 or more executors is an infant —| (a) | probate may be granted to the other executor or executors not under disability, with power reserved of making the like grant to the infant on his attaining the age of 21 years; and | | (b) | administration for the use and benefit of the infant until he attains the age of 21 years may be granted under rule 229 if and only if the executors who are not under disability renounce or, on being cited to accept or refuse a grant, fail to make an effective application thereof. |
| (2) An infant executor’s right to probate on attaining the age of 21 years may not be renounced by any person on his behalf. |
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| Grants in case of lack of mental capacity or of physical incapacity |
231.—(1) Where the Registrar is satisfied that a person entitled to a grant (called in this rule the relevant person) is, by reason of lack of capacity (within the meaning of the Mental Capacity Act (Cap. 177A)) or physical incapacity, incapable of managing himself or his affairs, administration for his use and benefit, limited during the period of such lack of capacity or physical incapacity or in such other way as the Registrar may direct, may be granted —| (a) | in the case of lack of capacity —| (i) | to the person authorised by the Court; or | | (ii) | to the donee authorised to make decisions about the relevant person’s property and affairs under a lasting power of attorney; or |
| | (b) | where there is no person so authorised, or in the case of physical incapacity —| (i) | if the relevant person is entitled as executor, to the person entitled to the residuary estate of the deceased; | | (ii) | if the relevant person is entitled otherwise than as an executor, to the person who would be entitled to a grant in respect of his estate if he had died intestate; or | | (iii) | to such other person as the Registrar may by order direct. |
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| (2) Unless the Registrar otherwise directs, no grant of administration shall be made under paragraph (1) unless all persons entitled in the same degree as the relevant person have been cleared off. |
| (3) In the case of physical incapacity, notice of intended application for a grant under paragraph (1) must, unless the Registrar otherwise directs, be given to the relevant person. |
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| Grants to trust corporations and other corporate bodies |
232.—(1) Where a trust corporation applies for a grant through one of its officers, such officer must —| (a) | file an affidavit exhibiting a certified copy of the resolution authorising him to make the application; and | | (b) | state in the affidavit that the corporation is a trust corporation, and that it has power to accept a grant. |
| (2) Where a trust corporation applies for a grant of administration otherwise than as attorney for some person, the affidavit must also exhibit the consents of all persons entitled to a grant and of all persons interested in the residuary estate of the deceased, unless the Registrar directs that such consents be dispensed with on such terms, if any, as he may think fit. |
(3) Where a corporation (not being a trust corporation) would, if an individual, be entitled to a grant —| (a) | administration for its use and benefit, limited until further representation is granted, may be granted —| (i) | to its nominee; or | | (ii) | if the corporation has its principal place of business outside Singapore, its nominee or lawfully constituted attorney; and |
| | (b) | a copy of the resolution appointing the nominee or, as the case may be, the power of attorney, sealed by the corporation or otherwise authenticated to the Registrar’s satisfaction, must be exhibited in the affidavit filed for the grant, and the affidavit must state that the corporation is not a trust corporation. |
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| Renunciation of probate and administration |
233.—(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) Unless the Registrar otherwise directs, no person who has renounced administration in one capacity may obtain a grant of administration in some other capacity. |
| (3) A renunciation of probate or administration may be retracted at any time by leave of the Court in accordance with section 5. |
| (4) Despite paragraph (3), leave may be given only in exceptional circumstances to an executor to retract a renunciation of probate after a grant has been made to some other person entitled in a lower degree. |
| (5) A written renunciation of a right to a grant under section 3 must be in one of the forms in Form 53. |
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| Notice to Attorney‑General of intended application for grant |
234. In any case in which it appears that the Government is or may be beneficially interested in the estate of a deceased person —| (a) | notice of intended application for a grant must be given by the applicant to the Attorney‑General; and | | (b) | the Registrar may direct that no grant shall issue within a specified time after the notice has been given. |
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| 235. An administration oath under section 28 must be in Form 54 and must be attested by a commissioner for oaths. |
236.—(1) An administration bond under section 29 must be in Form 55 and the signature of the administrator and any surety (not being, in either case, a corporation) must be attested by a commissioner for oaths.| (2) Except in a case to which paragraph (3) applies or where the Registrar otherwise directs, there must be 2 sureties to every administration bond. |
(3) No surety shall be required on an application for a grant of administration —| (a) | by a trust corporation, whether alone or jointly with an individual; | | (b) | by an employee of the Government acting in his official capacity; or | | (c) | where the deceased left no estate. |
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| (4) The Registrar must so far as possible satisfy himself that every surety to an administration bond is a responsible person. |
| (5) Unless the Registrar otherwise directs, no person shall be accepted as a surety unless he is resident in Singapore. |
| (6) No officer of the Registry shall become a surety without the leave of the Registrar. |
(7) Where the proposed surety is a corporation (other than a trust corporation), the proper officer of the corporation must file an affidavit —| (a) | to the effect that it has power to act as surety and has executed the bond in the manner prescribed by its constitution; and | | (b) | containing sufficient information as to the financial position of the corporation to satisfy the Registrar that its assets are sufficient to satisfy all claims which may be made against it under any administration bond in respect of which it is or is likely to become a surety. |
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| (8) Despite paragraph (7), the Registrar may, instead of requiring an affidavit in every case, accept an affidavit made no less than once in every year together with an undertaking by the corporation to notify the Registrar forthwith in the event of any alteration in its constitution affecting its power to become surety to administration bonds. |
(9) An application under section 31 for an order to assign an administration bond must —| (a) | be made by summons to the Registrar; and | | (b) | be served on the administrator and on every surety. |
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| 237.—(1) A grant made under the Act and this Division must be in one of the forms in Form 56. [S 156/2023 wef 12/04/2023] | (2) [Deleted by S 156/2023 wef 12/04/2023] |
| (3) [Deleted by S 156/2023 wef 12/04/2023] |
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| Amendment and revocation of grant |
238.—(1) If the Registrar is satisfied that a grant should be amended or revoked he may make an order accordingly.(2) Despite paragraph (1), a grant may only be amended or revoked under this rule —| (a) | in special circumstances; or | | (b) | on the application or with the consent of the person to whom the grant was made. |
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239.—(1) Any person may, at any time after the death of a deceased person and before probate or letters of administration have been granted to his estate, enter a caveat if he wishes to —| (a) | ensure that no grant is made without notice to the person; and | | (b) | be given an opportunity to contest the right to a grant. |
| (2) Any person who wishes to enter a caveat (called the caveator) may do so by filing the caveat in Form 57. |
| (3) Except as otherwise provided by this Division, a caveat shall remain in force for 6 months from the date on which it is entered and shall then cease to have effect, without prejudice to the entry of a further caveat or caveats. |
| (4) The Registrar must maintain a record of caveats and on receiving an application for a grant, he must cause the record of caveats to be searched. |
| (5) The Registrar must not make any grant if he has knowledge of an effective caveat in respect of the grant. |
| (6) Despite paragraph (5), no caveat shall operate to prevent the making of a grant on the day on which the caveat is filed. |
| (7) A caveator may be warned by the issue from the Registry of a warning in Form 58 at the instance of any person interested (called in this rule the person warning) which must state his interest and, if he claims under a will, the date of the will, and must require the caveator to give particulars of any contrary interest which he may have in the deceased’s estate. |
| (8) Every warning referred to in paragraph (7) or a copy of the warning must be served on the caveator. |
| (9) A caveator who has not entered an appearance in Form 59 to a warning may at any time withdraw his caveat by filing a notice of withdrawal and the caveat shall thereupon cease to have effect. |
| (10) Where a caveator who has been warned withdraws his caveat under paragraph (9), he must serve the notice of withdrawal of the caveat to the person warning. |
(11) A caveator having an interest contrary to that of the person warning —| (a) | may, within 8 days after service of the warning on him, or at any time thereafter if no summons and affidavit have been filed under paragraph (14), enter an appearance in Form 59; and | | (b) | must serve on the person warning a copy of the appearance. |
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(12) A caveator having no interest contrary to that of the person warning but wishing to show cause against the making of a grant to that person —| (a) | may, within 8 days after service of the warning on him, or at any time thereafter if no summons and affidavit have been filed under paragraph (14), enter an appearance in Form 59; and | | (b) | must serve on the person warning a copy of the appearance. |
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| (13) A caveator who enters an appearance must, unless the Court gives leave to the contrary, file and serve a summons for directions before the expiration of 14 days after the time limited for appearing. |
| (14) If the time limited for appearance in Form 59 has expired and the caveator has not entered an appearance, or having entered an appearance the caveator has not served a summons for directions under paragraph (13), the person warning may file an affidavit showing that the warning was duly served and apply by summons for an order for the caveat to cease to have effect. |
| (15) Except with the leave of the Registrar, no further caveat may be entered by or on behalf of any caveator whose caveat has ceased to have effect under paragraph (14) or rule 242. |
| (16) Upon the issuance of a summons for directions under paragraph (13), the matter shall be deemed to be contested and the expenses of entry of such caveat, the warning thereof, the appearance and the issuance of the summons for directions shall be considered as costs in the cause. |
| (17) In this rule, “grant” includes a grant by any court outside Singapore which is produced for resealing. |
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| 240. Every contested matter must be referred to a Judge who may dispose of the matter in dispute in a summary manner or direct that the provisions of Division 2 of this Part are to apply. |
| Notice of commencement of probate action |
| 241. Upon the commencement of a probate action, the Registrar is, in respect of each caveat then in force (other than a caveat entered by a party to the probate action), to give to the caveator notice of the commencement of the action and, upon the subsequent entry of a caveat at any time when the action is pending, is to likewise notify the caveator of the existence of the action. |
| Effect of caveat, etc., upon commencement of probate action |
242. Unless the Registrar by order made on summons otherwise directs —| (a) | any caveat in force at the commencement of proceedings by way of citation shall, unless withdrawn pursuant to rule 239(9), remain in force until an application for a grant is made by the person shown to be entitled to the grant by the decision of the Court in such proceedings, and upon such application any caveat entered by a party who had notice of the proceedings shall cease to have effect; | | (b) | any caveat in respect of which a summons for directions has been issued shall remain in force until the commencement of a probate action or the making of an order for the caveat to cease to have effect; and | | (c) | the commencement of a probate action shall, whether or not any caveat has been entered, operate to prevent the sealing of a grant (other than a grant under section 20) until application for a grant is made by the person shown to be entitled to the grant by the decision of the Court in such action, and upon such application any caveat entered by a party who had notice of the action, or by a caveator who was given notice under rule 241, shall cease to have effect. |
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243.—(1) Every citation in one of the forms in Form 60 must issue from the Registry.| (2) Every averment in a citation, and such other information as the Registrar may require, must be verified by an affidavit sworn by the person issuing the citation (called in these Rules the citor) or, if there are 2 or more citors, by one of them. |
| (3) Despite paragraph (2), the Registrar may in special circumstances accept an affidavit sworn by the citor’s solicitor. |
| (4) The citor must enter a caveat before issuing a citation. |
| (5) Every citation must be served personally on the person cited unless the Registrar, on cause shown by affidavit, directs some other mode of service, which may include notice by advertisement. |
| (6) Where a citation refers to a will, a copy of the will must be filed in the Registry before the citation is issued, except where the will or a copy of it is not in the citor’s possession and the Registrar is satisfied that it is impracticable to require it to be filed. |
| (7) A person who has been cited to appear may, within 8 days after service of the citation upon him, or, at any time thereafter if no application has been made by the citor under rule 244(6) or 245(2), enter an appearance in Form 59 in the Registry. |
| (8) The person who has been cited and who has entered an appearance under paragraph (7) must serve on the citor a copy of the appearance. [S 301/2016 wef 01/07/2016] |
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| Citation to accept or refuse or to take grant |
244.—(1) A citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right to the grant.(2) Where power to make a grant to an executor has been reserved, a citation calling on him to accept or refuse a grant may be issued at the instance —| (a) | of the executors who have proved the will; or | | (b) | of the executors of the last survivor of deceased executors who have proved the will. |
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| (3) A citation calling on an executor who has intermeddled in the deceased’s estate to show cause why the executor should not be ordered to take a grant may be issued at the instance of any person interested in the estate at any time after the expiration of 6 months from the deceased’s death. |
| (4) Despite paragraph (3), no citation to take a grant must issue while proceedings as to the validity of the will are pending. |
| (5) A person cited who is willing to accept or take a grant may apply by ex parte originating summons to the Registrar for an order for a grant on filing an affidavit showing that he has entered an appearance in Form 59 and that he has not been served by the citor with notice of any application for a grant to himself. |
(6) If the time limited for appearance has expired and the person cited has not entered an appearance, the citor may —| (a) | in the case of a citation under paragraph (1), apply to the Registrar for leave to apply for a grant to himself; | | (b) | in the case of a citation under paragraph (2), apply to the Registrar for an order that a note be made on the grant that the executor in respect of whom power was reserved has been duly cited and has not appeared and that all his rights in respect of the executorship have wholly ceased; and | | (c) | in the case of a citation under paragraph (3), apply to the Registrar by summons (which must be served on the person cited) for an order requiring such person to take a grant within a specified time or for leave to apply for a grant to himself or some other person specified in the summons. |
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| (7) An application under paragraph (6) must be supported by an affidavit showing that the citation was duly served and that the person cited has not entered an appearance. |
(8) If the person cited has entered an appearance but has not applied for a grant under paragraph (5), or has failed to prosecute his application with reasonable diligence, the citor may —| (a) | in the case of a citation under paragraph (1), apply by summons to the Registrar for leave to apply for a grant to himself; | | (b) | in the case of a citation under paragraph (2), apply by summons to the Registrar for an order striking out the appearance and for the endorsement on the grant of such a note as is mentioned in paragraph (6)(b); and | | (c) | in the case of a citation under paragraph (3), apply by summons to the Registrar for an order requiring the person cited to take a grant within a specified time or for leave to apply for a grant to himself or some other person specified in the summons. |
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| (9) The summons referred to in paragraph (8) must be served on the person cited. |
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| Citation to propound will |
245.—(1) A citation to propound a will must be directed to the executors named in the will and to all persons interested under the will, and may be issued at the instance of any citor having an interest contrary to that of the executors or such other persons.| (2) If the time limited for appearance has expired and no person cited has entered an appearance, or if no person who has appeared proceeds with reasonable diligence to propound the will, the citor may apply by summons for leave to apply for a grant as if the will were invalid. |
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| 246. All caveats, citations, warnings and appearances must contain an address for service within the jurisdiction. |
| Application for order to bring in will or to attend for examination |
| 247. An application under section 54, for an order requiring a person to bring in a will or to attend for examination, must be made to a Judge by originating summons or summons, as the case may be, and the originating summons or summons must be served on every such person. |
| Applications in respect of nuncupative wills and of copies of wills |
248.—(1) An application for an order admitting to proof a nuncupative will, or a will contained in a copy, a completed draft, a reconstruction or other evidence of its contents where the original will is not available, may be made to the Court by originating summons.| (2) Despite paragraph (1), where a will is not available because it is retained in the custody of a foreign court or official, a duly authenticated copy of the will may be admitted to proof by virtue of section 11 without an order referred to in that paragraph. |
(3) The application must be supported by an affidavit setting out the grounds of the application and by such evidence on affidavit as the applicant can adduce as to —| (a) | the due execution of the will; | | (b) | its existence after the death of the testator or the fact on which the applicant relies to rebut the presumption that the will has been revoked by destruction; and | | (c) | the accuracy of the copy or other evidence of the contents of the will. |
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| (4) Any consent in writing to the application given by any person not under disability who would be prejudiced by the grant must be exhibited in the affidavit filed in support of that application. |
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| Issue of copies of will, etc. |
249.—(1) A copy of the whole or any part of a will which has been deposited in the Registry, may, on payment of the prescribed fee, be obtained from the Registry.| (2) Where copies are required of original wills or other documents deposited in the Registry, such copies may be photographic copies certified under the hand of the Registrar to be true copies and sealed with the seal of the Family Justice Courts. |
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| Inspection, etc., of original will or other testamentary documents |
250.—(1) Any original will or other testamentary document that is the subject‑matter of an application for a grant under the Act which has been deposited in the Registry must not be removed from the Registry or inspected without the order of the Registrar.| (2) No original will or other testamentary document in the custody of the Registrar may be inspected or copied except in the presence of a proper officer under the directions of the Registrar. |
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| Memorandum of resealing and notice of resealing |
| 251. The memorandum of resealing a grant of probate or administration and the form of notice of resealing the grant pursuant to the Act must be in Form 61 and Form 62, respectively. |
| Division 2 — Contentious probate proceedings |
| Definitions and application |
252.—(1) In these Rules, “probate action” means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for a decree pronouncing for or against the validity of an alleged will, not being an action which is non‑contentious.| (2) In this Division, “will” includes a codicil. |
| (3) Subject to this Division, Parts 1, 2, 3, 4, 18 and 19 apply, with the necessary modifications, to probate causes and matters. |
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| Requirements in connection with issue of writ |
253.—(1) A probate action must be begun by writ, and the writ must be issued out of the Registry.| (2) Before a writ beginning a probate action is issued, it must be endorsed with a statement of the nature of the interest of the plaintiff and of the defendant in the deceased’s estate to which the action relates. |
(3) Where the Registry has issued a printed grant of probate of the will or letters of administration of the estate of a deceased person, a writ beginning an action for the revocation of that grant of probate or letters of administration, as the case may be, of the deceased person must not be issued unless —| (a) | a citation under rule 258 has been issued; or | | (b) | the probate or letters of administration, as the case may be, has or have been lodged in the Registry. |
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| Service of writ out of jurisdiction |
254.—(1) Subject to paragraph (2), service out of the jurisdiction of a writ, by which a probate action is begun is permissible with the leave of the Court.| (2) Rule 312 applies in relation to an application for the grant of leave under this rule. |
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| Intervener in probate action |
255.—(1) A person not a party to a probate action may apply to the Court for leave to intervene in a probate action.| (2) An application under this rule must be made by summons supported by an affidavit showing the interest of the applicant in the deceased’s estate. |
| (3) An applicant who obtains leave to intervene in a probate action shall not be entitled to be heard in the action unless he enters an appearance in the action. |
| (4) Where the Court grants leave under this rule, it may give such directions as to the service of pleadings, the filing of an affidavit of testamentary scripts or other matters as it thinks necessary. |
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| Citation to see proceedings |
256.—(1) On the application of the plaintiff, or of any other party who has pleaded in a probate action, a citation may be issued against any person not a party to the action who has an adverse interest to the applicant notifying him that if he does not enter an appearance judgment may be given in the action without further notice to him.| (2) Where a person who is served a citation under this rule fails to enter an appearance, the party on whose application the citation was issued shall not be entitled to be heard at the trial of the action without the leave of the Court unless he has filed an affidavit proving due service of the citation on that person. |
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257.—(1) The office for entry of appearance in a probate action is the Registry and Division 6 of Part 18, in its application to such an action, shall have effect accordingly.(2) Without prejudice to paragraph (1), rules 319, 320 and 321 apply to the entry of appearance by a person authorised to intervene in a probate action, and by a person cited under rule 256, as if —| (a) | that person were a defendant; and | | (b) | the parties to the action (in the case of an intervener) or the party at whose instance the citation was issued (in the case of a person cited) were the plaintiff. |
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| Citation to bring in grant |
258.—(1) In an action for the revocation of the grant of probate of the will, or letters of administration of the estate, of a deceased person, a citation against the person to whom the probate or letters of administration, as the case may be, was or were granted requiring him to bring into and leave at the Registry the probate or letters of administration, as the case may be, may be issued on the plaintiff’s application.| (2) A citation may only be issued under paragraph (1) where the Registry has issued a printed grant of probate or letters of administration. |
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259.—(1) A citation under rule 256 or 258 must be issued out of the Registry and must be settled by the Court before it is issued.| (2) Before such a citation is issued, an affidavit verifying the statements of fact to be made in the citation must be sworn by the person applying for it to be issued. |
| (3) Despite paragraph (2), the Court may in special circumstances allow the affidavit to be sworn by that person’s solicitor. |
| (4) Issue of a citation takes place upon its being sealed by an officer of the Registry. |
| (5) Without prejudice to rule 901, a citation under rule 256 or 258 must be served personally on the person cited. |
| (6) Service out of the jurisdiction of a citation under rule 256 or 258 is permissible but, in the case of a citation under rule 258, only with the leave of the Court. |
| (7) Rule 312 applies in relation to an application for the grant of leave under paragraph (6). |
| (8) An order granting leave to serve a citation under rule 258 out of the jurisdiction must limit a time within which the person to be served with the citation must comply. |
| (9) Rules 313, 314, 315 and 315A apply in relation to a citation under rule 258 as they apply in relation to a writ. [S 778/2023 wef 01/12/2023] |
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| Affidavit of testamentary scripts |
260.—(1) Unless the Court otherwise directs, the plaintiff and every defendant who has entered an appearance in a probate action must swear an affidavit —| (a) | describing and exhibiting any testamentary script of the deceased person, whose estate is the subject of the action, of which he has any knowledge or, if such be the case, stating that he knows of no such script; and | | (b) | if any such script of which he has knowledge is not in his possession or under his control —| (i) | giving the name and address of the person in whose possession or under whose control it is; or | | (ii) | stating that he does not know the name or address of that person, as the case may be. |
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| (2) Any script referred to in paragraph (1) which is in the possession or under the control of the deponent must be annexed to his affidavit, unless the Court otherwise directs. |
(3) Any affidavit of testamentary scripts required by this rule must —| (a) | be exchanged within 14 days after the entry of appearance by a defendant to the action; and | | (b) | unless the Court otherwise directs, be filed not less than 7 days before the hearing of the plaintiff’s application to set down the action for trial. |
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(4) Where any testamentary script required by this rule to be exhibited or any part of the script is written in pencil, then, unless the Court otherwise directs —| (a) | a facsimile copy of that script, or of the page or pages of that script containing the part written in pencil, must also be filed; and | | (b) | the words which appear in pencil in the original must be underlined in red ink in the copy. |
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| (5) In this rule, “testamentary script” means a will or draft of the will, written instructions for a will made by or at the request or under the instructions of the testator and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed. |
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261.—(1) Division 7 of Part 18 does not apply in relation to a probate action.| (2) Where any defendant to a probate action fails to enter an appearance, the plaintiff, upon filing an affidavit proving due service of the writ on that defendant may, after the time limited for appearing, proceed with the action as if that defendant had entered an appearance. |
| (3) Where the defendant, or all the defendants, to a probate action, fails or fail to enter an appearance, and none of the persons (if any) cited under rule 256 has entered an appearance, then, unless on the plaintiff’s application the Court orders the action to be discontinued, the plaintiff may after the time limited for appearing by the defendant apply to the Court for leave to set down the action for trial. |
(4) At the time of making an application for the grant of leave under paragraph (3), the plaintiff must —| (a) | file an affidavit proving due service of the writ on the defendant and of the citation, if any; and | | (b) | file an affidavit of testamentary scripts under rule 260. |
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| Service of statement of claim |
262. The plaintiff in a probate action must, unless the Court gives leave to the contrary or a statement of claim is endorsed on the writ —| (a) | serve a statement of claim on every defendant who enters an appearance in the action; and | | (b) | serve the statement of claim before the expiration of 6 weeks after entry of appearance by that defendant or of 8 days after the exchange of affidavits under rule 260, whichever is the later. |
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| 263. Despite rule 349(1) and (2), a defendant to a probate action who alleges that he has any claim or is entitled to any relief or remedy in respect of any matter relating to the grant of probate of the will, or letters of administration of the estate, of the deceased person which is the subject of the action must add to his defence a counterclaim in respect of that matter. |
264.—(1) A plaintiff in a probate action who disputes the interest of a defendant must allege in his statement of claim that he denies the interest of that defendant.| (2) In a probate action in which the interest by virtue of which a party claims to be entitled to a grant of letters of administration is disputed, the party disputing that interest must show in his pleading that if the allegations made in the pleadings are proved he would be entitled to an interest in the estate. |
| (3) Without prejudice to rule 393, any party who pleads that at the time when a will, the subject of the action, was alleged to have been executed the testator did not know and approve of its contents must specify the nature of the case on which he intends to rely. |
(4) No allegation in support of the plea referred to in paragraph (3) which would be relevant in support of any of the following other pleas shall be made by that party unless that other plea is also pleaded:| (a) | that the will was not duly executed; | | (b) | that at the time of the execution of the will the testator was not of sound mind, memory and understanding; | | (c) | that the execution of the will was obtained by undue influence or fraud. |
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265.—(1) Division 13 of Part 18 does not apply in relation to a probate action.| (2) Where any party to a probate action fails to serve on any other party a pleading which he is required by these Rules to serve on that other party, then, unless the Court orders the action to be discontinued, that other party may, after the expiration of the period fixed under these Rules for service of the pleading in question, apply to the Court for leave to set down the action for trial. |
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| 266. Division 8 of Part 18 does not apply in relation to a probate action. |
267.—(1) Division 15 of Part 18 does not apply in relation to a probate action.(2) At any stage of the proceedings in a probate action the Court may, on the application of the plaintiff or of any party who has entered an appearance —| (a) | order the action to be discontinued on such terms as to costs or otherwise as it thinks just; and | | (b) | further order that a grant of probate of the will, or letters of administration of the estate, of the deceased person, as the case may be, which is the subject of the action be made to the person entitled to the grant. |
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| (3) An application for an order under this rule may be made by summons or by summons for directions under rule 486. |
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| 268. Where whether before or after service of the defence in a probate action the parties to the action agree to a compromise, the action may, with the leave of the Court, be set down for trial. |
| Application to Court by summons |
| 269. Except where these Rules otherwise provide, any application to the Court in a probate cause or matter may be made by summons. |
| Form of judgments and orders |
| 270. Every judgment of the Court in a probate cause or matter must be signed by the Registrar. |
| Administration pending trial2 |
271.—(1) An application under section 20 of the Probate and Administration Act (Cap. 251) for the grant of administration may be made to the Registrar by originating summons.| (2) An administrator to whom a grant is made under section 20 of the Probate and Administration Act must at the time when he begins proceedings for taxation of his costs, or at such other time as the Registrar may direct, produce at the Registry an account (verified by affidavit) of the moneys and other property received or paid or otherwise dealt with by him in his capacity as such an administrator. |
| (3) Unless the Court otherwise directs, the account must be referred to the Registrar for examination and rules 873, 874 and 876 shall, with the necessary modifications, apply in relation to proceedings for the examination of the account as they apply in relation to proceedings for taxation of the administrator’s costs. |
| (4) Except where the remuneration of the administrator has been fixed by a Judge, the Registrar must, on the completion of the examination of the administrator’s account, and taxation of his costs, assess and provide for the administrator’s remuneration. |
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