APPLICATION IN SUCCESSION

Form used depends on what grant is being filed.

There are

Grant of Probate (Oral and written wills)

Grant of letters of Administration with will annexed
Grant of letters of administration intestate.
3.6 Limited Grant ad colligenda bona defuncti, ad litem and pendent lite,
grants for special purposes, grant debonis non administratis.

Grant of Probate
Deceased died having a left a will and named executors
It can only be applied for by executors
A copy of the will must be attached to it.
Petition Form P&A 78. ( used for either written or oral wills)
o Name and address of the executor/s
o Date of death of the deceased
o Place of domicile
o Attached certified copies of the will (original must be produced in
court before the final grant)
o State that he is an executor
o Will faithfully administer the estate according to the law and render a
just and true account whenever required by the law.
o To be signed by the executor and witnessed by the advocate or
somebody else with capacity

Affidavit Form P& A 3 ( used also to support letters of administration with the
will annexed.
o I CD of P.O. Box 30699make oath and state as follows,
o Name of the deceased whose estate proceedings refer
o Date, residence and domicile of his death ( attach death certificate)
o State that he left a valid will
o State ground upon which you seek grant
o Provide inventory of the estate
Assets a
Liabilities
o If he died partially intestate give details of his dependant
o The facts deposed to herein are true .
o Sworn this date etc
If no objections are filed by the end of 30 days 30 grant of Probate in form
P & A 45 is issued by the court.
o It showed that the will proved in court on the date stated and vests
administration of the estate on the personal representative named.
(sec.68, rule17 ) Objection to making of grant solely on the ground of want of
due execution of alleged will
o Addressed to registry
1

o In the form of a notice state that the objection is solely on the ground
that the will/codicil is referred to in the petition was not duly
executed in accordance to the law
o State the interest of the person objecting
o Signed by objector or advocate
o Lodged in triplicate
Immediately a notice is issued by the court to the objector in from 67
o Asking him to file an answer to the petition and a cross application
Confirmation within 6 months
Grant of letters of administration with Will annexed.
Where there is a will and no executors named
Applied fro by persons under sec.66
Petition Form P & A 79
o I CD of P.O.Box 30966 herby make petition to the court for grant of
letters of administration with the will annexed for the estate of the AB
o Date and domicile of the deceased
o Annexed a certified copy of the will
o If executor had been named state so
o Why executors cannot take out grant (death, renunciation or consent or
after citation)
o If the will did not name executors
o Capacity to petition( sec 66 or good reason)
o Will faithfully administer the estate according to the law and render a
just and true account whenever required by the law.
o To be signed by the applicant and witnessed by the advocate or
somebody else with capacity

Affidavit Form P & A 3 ( as above )

Under rule 29
Affidavit of means Form 12
guarantee of personal sureties Form P & A 57

Grant of Letters of Administration Intestate

Petition Form P & A 80

o State domicile of deceased
o Capacity for bring the petition
o Every person having equal or prior rights have consented
o Will faithfully administer the estate according to the law and render a just and true
account whenever required by the law.
o To be signed by the applicant and witnessed by the advocate or somebody else
with capacity
o Will faithfully administer the estate according to the law and render a just and true
account whenever required by the law.
o To be signed by the executor and witnessed by the advocate or somebody else
with capacity
2

Affidavit in support of petition for letters of administration intestate Form P & A 5

o I CD of P.O. Box 30699make oath and state as follows,
o Name of the deceased whose estate proceedings refer
o Date, residence and domicile of his death ( attach death certificate)
o The deceased died intestate and left the following persons surviving him
(Names, addresses , marital status and description of the persons
related to the deceased , if they are minor.) Rule 7(e) (i) and (ii)

Affidavit of justification of proposed sureties Form P & A 11

o Can be sworn jointly by the sureties of singularly
o Surety on behalf of the applicant in the sum of -..
o Gives worth of each of the net worth of each of the surities
o The facts deposed to hrerin ..
o
Affidavit of means/ justification of the proposed administrator Form P & A 12
o Shows the net worth of the proposed administrator
Guarantee of personal sureties Form P & A 57
o For one of or both or more jointly
o Guaranteeing and agreeing jointly and severally to make good any loss caused by
the administrator in his duty in
Collecting the estate
when called Guaranteeing to produce the full inventory of the estate
and deliver up the grant to court

Consent to making of grant of administration intestate to person of equal or lessor

priority Form P & A 38
Consent by person under sec.66 to another under section 66 ( equal or prior right) to
administer the estate
Signed and witnessed.
Objections
o Objections to making of a grant form 76
o Addressed to the registry
o It is in the form of a notice .i.e take notice that .
o States the interest of the objector to the estate
o State grounds to be relied upon
o Dated and signed by the objector or his advocate
May be withdrawn, by way of a notice to withdraw. Form P& A 66 (rule 17 (7)
Resealing of foreign grants (LSA sec 77, rules 42.
Form P & A 81 Or P & A 82
o From 81 Petition to High court by Personal Representatives for the sealing of a
grant issued in another country
o Petition the court asking court to reseal the grant
3

o May be the person granted the grant from foreign country ( from 81) or by his
advocate (from 82)
o Annex certified copy of the grant issued from foreign country
o Supporting affidavit form 7
Grant of administration ad colligenda bona defuncti. Rule 36 (4) excludes application of
rule 7(4). Should not be gazette
Under section 67 rule 36.
Form 85 47
Other temporary grants under form 97 A Petition to resident magistrate fro tempory grant
of letters of administration in case of apparent urgency
Under sec 49 . includes special limited grants , ad litem and pendent lite and defuncti
Supported by affivdavit

Confirmation of a Grant

Issued on the 6 months of grant may be issued in certain circumstances section 71 (3)
earlier

Form 109 (application)

Form 8 & 9 (affidavit) (Whichever is applicable).

Affidavit of Protest against confirmation of the grant

Form 10
set out the grounds in full upon which you protest
finish as a normal affidavit
to be filed at the registry
Section 76 rule 44
(A) Once grant has been confirmed, no objections or protest may be filed. Only options
revocations (with exception).
Citation signed by the registrar and supported by an affidavit.
o (b) Forms 31-36
o Where there is a Will P & A 31.
o Where there is no Will P & A 32.
o Creditors P & A 36.

o Procedure
o Step 1 - Service of citation done on the citor with a copy of the form duly sealed.
o Step 2 Persons cited once served is to enter appearance within 15 days.
o Step 3 If no appearance has been entered, applicant citor may petition for grant.
o Step 4 in the alternative summonses to be taken out or notices to such person
cited to take out the grant or by other person.
o NB Proof of services required.
o Once application for citation is granted. The letters of administration is applied in
the normal way.
o Rectification of Grant
Rule 14
Caveat from 284

(a) Rectification may be made before a grant is issued.

(b) Forms
P & A 62 (Notice) Filed in original application.
No affidavit required.
(c) Procedure
Notice served on objector
Where there are no objectors or amendments are minor. Registrar may permit
amendments without notice to any parties.
(a) Rectification after a grant has been issued, with or without a confirmed grant.
Section 74 rule 43.
(b) Forms P & A 110 summons for rectification of grant.
(c) P & A 13 (affidavit) (Unless exempted by the registrar).
(C) Procedure Application placed before court without delay.
Court makes order as rectification of grants. Alternatively, court may direct notices to issue
to all parties first, including applicant to attend court.
Revocation

P & A 107 (application)

P & A 14 (affidavit
Jurisdiction High Court.
Upon filing the Registrar issues a notice in Form P & A 70 to the applicant to attend the
judge exparte.

Summons ( general from) used fro any application not provided for.
o Let all parties concerned attend the honourable judge in cambers on the day of
----2016
o Accompanied by affidavit P&A 13