{"kind":"expression","expression":{"expr_id":"8716","doc_id":"8691","label":"2008 Revision","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/1977\/27\/eng@2008-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/1977\/27\", \"expression\": \"\/akn\/ky\/act\/sl\/1977\/27\/eng@2008-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/1977\/27\/eng@2008-01-01.pdf\"}, \"pdf\": {\"md5\": \"1b83869bfdb132e5948c14a24013878f\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/1977\/1977-0027\/1977-0027_2008 Revision.pdf\", \"pages\": 36, \"filename\": \"1977-0027_2008 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 8376, \"paragraph_count\": 49, \"text_char_count\": 57980}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Succession Law PROBATE AND ADMINISTRATION RULES (2008 Revision) PUBLISHING DETAILS Revised under the authority of the Law Revision Law (1999 Revision). Succession Law (Probate and Administration Rules) made the 22nd April, 1977 and published as Supplement No. 1 with Gazette No. 12 of 1977, consolidated with the \u2014 Succession Law (Probate and Administration) (Amendment) Rules, 1979 made the 15th May, 1979 and published as Supplement No. 3 with Gazette No. 11 of 1979; Grand Court Rules, 1995 (part) made the 1st May, 1995 and published as Supplement No. 1 with Extraordinary Gazette No. 9 of 1995; Probate and Administration (Amendment) Rules, 1997 made the 8th December, 1997 and published as Supplement No. 2 with Gazette No. 26 of 1997; and Court Fees (Amendment) Rules, 2007 (part) made the 30th and 31st May, 2007 (sic) and published as Supplement No. 13 with Gazette No. 14 of 2007. Consolidated and revised this 13th day of May, 2008. Note (not forming part of the Rules): This revision replaces the 2001 Revision which should now be discarded. Probate and Administration Rules Arrangement of Rules Succession Law PROBATE AND ADMINISTRATION RULES (2008 Revision) Arrangement of Rules Rule PART I - INTRODUCTORY 1. 2. 3. 4. 5. 6. 7.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"PART II - NON-CONTENTIOUS MATTERS 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Arrangement of Rules Probate and Administration Rules 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"PART III - SMALL ESTATES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Probate and Administration Rules Arrangement of Rules SCHEDULE FORMS APPLICATION FOR GRANT OF PROBATE OF A WILL AFFIDAVIT OF EXECUTOR(S) APPLICATION FOR LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED AFFIDAVIT APPLICATION FOR LETTERS OF ADMINISTRATION AFFIDAVIT BY ADMINISTRATOR(S) AFFIDAVIT OF ATTESTING WITNESS AFFIDAVIT OF ATTESTING WITNESS INVENTORY OF ESTATE GRANT OF PROBATE LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED LETTERS OF ADMINISTRATION LETTERS OF ADMINISTRATION DE BONIS NON CAVEAT OBJECTION TO CAVEAT WARNING TO CAVEATOR Probate and Administration Rules Rule 1 Succession Law PROBATE AND ADMINISTRATION RULES (2008 Revision) PART I - INTRODUCTORY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation 1. These rules may be cited as the Probate and Administration Rules (2008 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In these rules \u2014 \u201capplication\u201d means an application to a court for probate or letters of administration, and includes an application made under section 10; \u201cClerk\u201d means the Clerk of the Court and includes every person lawfully acting under his authority; \u201ccourt\u201d means a court having jurisdiction under these rules and includes any person presiding thereover; \u201cgrant\u201d means a grant of probate or of letters of administration; \u201cmagistrate\u201d has the meaning ascribed to it in the Summary Jurisdiction Law (2006 Revision); \u201coath\u201d means the oath or affirmation required to be taken by every applicant for a grant; \u201cold rules\u201d means the rules in force prior to the 6th June, 1977; Rule 3 Probate and Administration Rules \u201cprobate action\u201d means an action, other than a non-contentious action, for the grant of probate of the will or of letters of administration of the estate of a deceased person, for the revocation of a grant or for a decree pronouncing for or against the validity of an alleged will; \u201cRegistry\u201d means the Probate Registry established by rule 3; \u201csmall estate\u201d means an estate of a value of two thousand dollars or less; and \u201cwill\u201d includes codicil.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"The Registry 3. There is established the Probate Registry located at the Court House, George Town, under the management of the Clerk, which said Registry is merged with and constitutes a continuation under these rules of the probate records established by and managed under the old rules.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"The Clerk 4. (1) The Clerk shall keep filed in the Registry all applications and grants and all matters connected therewith intituled under the name of the relevant estates with the relevant applications and serially numbered from the beginning to the end of each year chronologically according to the date of each first application. (2) The Clerk shall cause notice to be published in the Gazette of every application filed in the Registry relating to a person who died domiciled in the Islands, which notice shall include the \u2014 (a) name of the deceased; (b) date of the application; (c) name of the applicants; (d) date of death; and (e) estimated total value of the estate. (3) The Clerk shall record applications made subsequent to a first application in a book called the \u201cSubsequent Application Book\u201d which shall show \u2014 (a) the file number of the relevant estate; (b) particulars of the first and any other applications; and (c) the date and time of the application now recorded.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Compliance with s. 18 5. When the Clerk transmits documents to the Public Recorder under section 18 he shall retain and file in the Registry the copies thereof required by that section to be made. Probate and Administration Rules Rule 6\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Registry to be public 6. In the case of files relating to deceased persons domiciled in the Islands at the time of death, members of the public having an interest in an estate shall have access to such files during prescribed business hours through the Clerk who shall produce for inspection any document relevant to that estate and make and supply office copies thereof upon payment by applicants of the prescribed fees in that behalf.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Business hours 7. The Registry will be open for public business between the hours of 10.00 until noon and 14.00 until 16.00 on every weekday excluding Saturdays and Public Holidays. 8. Forms 8. Forms used for the transaction of business under these rules are prescribed in the Schedule. PART II - NON-CONTENTIOUS MATTERS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Application of this Part 9. This Part deals with applications for grants the right to which is undisputed and the lodging of caveats against grants.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Filing applications 10. Applications shall be filed in the Registry by delivery to the Clerk and shall (save in the case of applications in respect of small estates) be dealt with in Chambers by a Judge of the Grand Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Applications, how made 11. Applications which may be made by personal attendance or through the post may be made by the applicant in person or by an attorney-at-law acting on his behalf and no person other than an attorney-at-law may act for reward as agent for an applicant.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Certain applications to be kept pending 12. Personal applications shall not be proceeded with if \u2014 (a) it becomes necessary to bring the matter before the court on motion or by cause; (b) an application made by an attorney-at-law on behalf of the applicant has not been withdrawn; or (c) the court otherwise directs. Rule 13 Probate and Administration Rules\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Documents to be filed with applications 13. Applications shall be accompanied by \u2014 (a) a certificate of the death of the deceased or such other evidence of death as the Clerk may require; and (b) such other documents as may be necessary to enable the grant to be made sworn on affidavit, if appropriate, before a Justice of the Peace.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Personal applications 14. Where an application is made personally, the applicant shall supply all information necessary to enable the papers leading to the grant to be prepared by the Clerk, or the applicant may prepare such papers himself and lodge them for approval unsworn.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Limitation of Clerk\u2019s functions 15. The Clerk shall not give legal advice to a personal applicant other than for the purpose of embodying in proper form the applicant\u2019s instructions for the grant.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Judge to be satisfied before issue of grant 16. A Judge shall not issue any grant until all inquiries which he sees fit to make have been answered to his satisfaction, and a Judge may require proof of the identity of the deceased or of the applicant beyond that contained in the oath.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Earliest time for issue of grant 17. In the absence of the leave of the Court in that behalf, no grant of probate or administration with the will annexed shall issue within twenty-one days of the death of the deceased and no grant of administration shall issue within twenty-eight days.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Applications to be supported by affidavits 18. Every application shall be supported be an oath in a form applicable to the circumstances of the case, which shall be contained in an affidavit sworn by the applicant and by such other papers as these rules may require.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Declaration as to prior rights and minor interests 19. On an application for a grant of administration, the oath shall state whether, and if so in what manner, all persons having a prior right to a grant have been cleared off, and whether any minority or life interests arise under the will or intestacy. 20. Contents of oath 20. The oath in support of the application shall state to the full extent of the applicant\u2019s knowledge and belief \u2014 Probate and Administration Rules Rule 21 (a) whether there was land vested in the deceased which was settled previously to his death otherwise than by his will and which remained settled notwithstanding his death; (b) the deceased\u2019s domicile at death; (c) any name, other than an addition to his true name, by which the deceased was known in connection with the ownership of any property (to be specified) at the time of his death.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Will to be retained in Registry 21. After a will has been deposited it shall be retained in the Registry, unless a Judge otherwise directs, until transferred to the Recorder under section 18.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Marking of wills 22. Every will in respect of which an application for a grant is made shall be marked by the signature of the applicant and the person before whom the oath is sworn and shall be exhibited in any relevant affidavit required by these rules: Provided that the Clerk may allow a photographic copy of a will to be marked and exhibited in lieu of the original.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"When copies of wills allowed 23. Where any original will cannot be satisfactorily reproduced by photographic or other facsimile copying process or the will contains alterations not admissible to proof, the Clerk may require an engrossment suitable for reproduction by photographic or other means to be lodged, and such engrossment shall \u2014 (a) reproduce the punctuation, spacing and paragraphing of the original will; and (b) indicate any pencilled records in the original will by underlining them in red in the reproduction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Proof of wills improperly attested 24. Where it appears to a Judge that there is some doubt as to the due execution of a will by lack of any sufficient attestation clause or other reason, the Judge may require an affidavit of execution from one or more of the attesting witnesses or, in the unavailability of such witness, from any person who was present at the execution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Evidence in absence of attesting witness 25. (1) If no affidavit can be obtained in accordance with rule 24, a Judge may accept evidence on affidavit from any person 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 due execution of the will. Rule 26 Probate and Administration Rules (2) The Judge may, after considering the evidence \u2014 (a) refuse probate and mark the will accordingly; or (b) adjourn the matter for further consideration on the motion of the applicant in that behalf.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Blind or illiterate testators 26. Before admitting to proof of 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 reason gives rise to doubt as to the testator having had knowledge of the contents of the will at the time of its execution, a Judge shall satisfy himself that the testator had such knowledge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Alterations and omissions 27. (1) Where there appears in any will any obliteration, interlineation, or other alteration which appears to a Judge to be of practicable importance and is not authenticated in the manner prescribed by section 16 of the Wills Law (2004 Revision) or by re-execution of the will by the execution of a codicil, the Judge shall require evidence to show whether the alteration was present at the time the will was executed and shall give directions as to the form in which the will is to be proved. (2) If, from any mark on the will, it appears to a Judge 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 Judge may require the document to be produced and may call for such evidence in regard to the attaching or incorporation of the document as he may think fit. (3) Where the date of the execution of a will is in doubt a Judge may require evidence to establish such date.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Apparent attempt at revocation 28. Any appearance of attempted revocation of a will by burning, tearing or otherwise, and every circumstance leading to a presumption of revocation by the testator, shall be accounted for to a Judge\u2019s satisfaction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Supplementary affidavits 29. A Judge may require an affidavit from any person upon any of the matters referred to in rule 26, 27 or 28.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Application of s. 6 of Wills Law (2004 Revision) 30. Nothing in rule 26, 27 or 28 shall apply to a will which it its sought to establish otherwise than by reference to section 6 of the Wills Law (2004 Revision) but the terms and validity of such will shall be established to the satisfaction of a Judge. Probate and Administration Rules Rule 31\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Foreign law 31. Evidence of the law of a country outside the Islands may be given on affidavit or otherwise by a legal practitioner who is qualified and authorised to practice and has practised in the relevant foreign jurisdiction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Priority where will is propounded 32. The person or persons entitled to a grant of probate, or administration with the will annexed, are, in order of priority \u2014 (a) the executor; (b) any residuary legatee or devisee holding in trust for any other person; (c) any residuary legatee or devisee for life; (d) the ultimate residuary legatee or devisee, or, where the residue is not wholly disposed of by will, any person entitled to a share in the residue not so disposed of or his personal representative; (e) any specific legatee, devisee, creditor or his personal representative; (f) any contingent legatee, devisee or beneficiary; or (g) any person having no interest under the will of the deceased who would have been entitled to a grant if the deceased had died wholly intestate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Priority in case of intestacy 33. Where the deceased died wholly intestate, the persons having a beneficial interest in the estate entitled to a grant of administration are, in order of priority \u2014 (a) the surviving spouse; (b) the children of the deceased including any persons entitled by any enactment to be treated as the children of the deceased born in lawful wedlock, or the issue of any such child who has died in the lifetime of the deceased; (c) the father or mother of the deceased; (d) the brothers and sisters of the whole blood or the issue of any of them who is dead; (e) the persons next entitled under section 29; or (f) if all the above persons have been cleared off, any creditor of the deceased or a person who may have a beneficial interest in the estate in the event of an accretion thereto: Provided further that the persons mentioned in paragraphs (a) to (e) shall be preferred to the personal representative of a spouse who has died without taking a beneficial interest in the whole of the estate of the deceased as ascertained at the time of the application for the grant. Rule 34 Probate and Administration Rules\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Rights of assignees 34. (1) Where all the persons entitled to the estate of the deceased (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 two or more assignors, the assignor with the highest priority. (2) In any case where administration is applied for by an assignee, a copy of the instrument of assignment shall be lodged in the Registry.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Joinder of representation 35. An application to join with a person entitled to a grant of administration a person entitled in a lower degree or a person having no right thereto shall, in default of renunciation by all persons entitled in priority to such last-mentioned persons, be made to a Judge and shall be supported by an affidavit by the person entitled, the consent of the person proposed to a joined as personal representative and such other evidence as the Judge may require: Provided that the Judge may, in any event, join with a person entitled to administration \u2014 (a) a person nominated by the guardian of an infant beneficiary; and (b) a trust corporation authorised by law to conduct trusteeship business.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Two or more persons entitled in the same degree 36. (1) A grant may be made to any person entitled thereto without notice to others entitled in the same degree. (2) Disputes between persons entitled to a grant in the same degree shall be brought before a Judge by summons and no relevant grant shall be sealed until such summons is finally disposed of. (3) Unless a Judge otherwise directs, administration shall be granted to a living person in preference to the personal representatives of a deceased person who, if living, would be entitled to the same priority. (4) No rule of priority shall operate to prevent a grant being made to any person to whom a grant may or may not be required to be made under any law. (5) Save as specifically provided by these rules, the rules of priority shall apply only to persons dying domiciled in the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Grants in respect of non-domiciled deceased 37. (1) Subject to subrule (3), where the deceased died domiciled outside the Islands, a Judge may order that a grant be made \u2014 (a) to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled; Probate and Administration Rules Rule 38 (b) where there is no person so entrusted, to the person beneficially entitled to the estate by the law of the place where the deceased died domiciled or, if there is more than one person so entitled, to such of them as the Judge may direct; or (c) if in the opinion of the Judge the circumstances so require, to such person as the Judge may direct. (2) A grant made under paragraph (a) or (b) of subrule (1) may be issued jointly with such person as the Judge may direct if the grant is required to be made to not less than two administrators. (3) Without any order made under subrule (1) \u2014 (a) probate of any will that is admissible to proof may be granted \u2014 (i) if the will is in the English language, to the executor named in it; or (ii) if the will describes the duties of the named person in terms sufficient to constitute him executor according to the tenor of the will, to that person; (b) where the whole or substantially the whole of the estate in the Islands consists of immovable property, a grant in respect of the whole estate may be made in accordance with the law that would have applied if the deceased had died domiciled in the Islands; and (c) the rules of priority shall apply to a case to which this subrule applies.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Persons under disability 38. Where the person to whom a grant would otherwise be made is under a disability, a Judge may make a grant to a guardian, committee, trustee or attorney of such person and may make provision for such grant to be limited to such time as such person remains under disability, and thereafter until such person makes application for the grant to be transferred to him, and in exercise of its powers under any law may make one or more such appointments for such purpose.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Trust corporations 39. Where a trust corporation applies for a grant it shall do so through a duly authorised officer appointed by it in that behalf and there shall be filed in the Registry a certified copy of a resolution appointing such officer, either for the purpose of the particular grant or generally until further notice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Administration bond 40. (1) Every administration bond shall be in the prescribed form and shall be executed by the administrator or administrators and one or more sureties whose signatures and seals (as the case may be) shall be attested by a person authorised by law to administer oaths, (2) No bond is required in an application for probate. Rule 41 Probate and Administration Rules\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"When surety not required 41. No sureties shall be required in the case of an application for administration \u2014 (a) by a trust corporation authorised by law to conduct trusteeship business; (b) by a servant of the Crown acting in such capacity; (c) where the deceased left no estate; or (d) limited to the prosecution or defence of an action.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Resealing foreign grants 42. An application under section 23 for the resealing of probate or administration granted in a country to which that section applies shall be made by the person to whom the grant was made or by any person authorised in writing to apply on his behalf, and on any such application \u2014 (a) a Judge may require that the application be advertised in such manner as he may direct and be supported by an oath sworn by the person making the application; (b) where the grant is one of administration, a bond in the prescribed form shall be given by the applicant unless a Judge decides to dispense therewith; (c) there shall be lodged a copy of the will, if any, to which the application relates certified as correct by or under the authority of the court which made the grant; and (d) upon resealing of the grant, the Clerk shall send notice thereof to the court which made the grant.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Amendment or revocation of a grant 43. If a Judge is satisfied that a grant should be amended or revoked, he may make an order accordingly: Provided that, except in special circumstances, no grant shall be amended or revoked under this rule except upon application or with the consent of the person to whom the grant was made.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Caveats 44. (1) Whoever wishes to ensure that no grant is sealed without notice to himself may enter a caveat in the Registry. (2) A caveat is entered by a person (\u201cthe caveator\u201d) completing a prescribed form and posting or lodging it with the Clerk. (3) A caveat may be lodged by an attorney-at-law on behalf of a named caveator. (4) A caveat shall cease to operate six months after lodgment without prejudice to the right to lodge a further caveat or caveats. Probate and Administration Rules Rule 45 (5) The Clerk shall keep a chronological record of caveats and shall make a search therein upon the receipt of every application and before the sealing of any grant. (6) No grant shall be sealed in respect of which an operative caveat has been lodged on or before the day previous to the day of sealing. (7) Objection may be lodged against a caveat by the objector lodging with the Clerk a warning in the prescribed form requiring the caveator to declare his interest in the relevant estate, and the Clerk shall serve such warning upon the caveator. (8) A caveator, not having a contrary interest, but wishing to show cause against the sealing of the grant shall, within eight days of the despatch to him of a warning, lodge, at the Registry, a summons for directions with copy thereof to the objector. (9) Should the caveator fail to lodge a summons for directions timeously in accordance with subrule (8), the caveat shall be deemed to be vacated unless the court otherwise directs. (10) Upon the receipt of a summons for directions, the Clerk shall cause the matter to be set down for hearing by the court and notify all parties in that behalf. (11) A caveator having an interest contrary to the objector may, within eight days of the service of the objection upon him, inclusive of the day of such service, enter an appearance in the Registry by service in the prescribed form and service of a sealed copy thereof upon the objector. (12) A caveat in respect of which an appearance to a warning has been filed shall remain in force until the commencement of a probate action. (13) The commencement of a probate action, whether or not arising out of a caveat shall operate to prevent the sealing of the relevant grant until the court otherwise directs.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Citations 45. (1) A citation is a notice which may be directed by the citor to the person cited calling upon him to accept or refuse a grant. (2) The citor is a person who would be entitled to a grant in the event of the person cited renouncing his right thereto. (3) Every citation shall issue from the Registry and shall be settled by the Clerk before issue. (4) Every averment in a citation shall be verified by affidavit. (5) The citor shall issue a caveat prior to issue of the citation. (6) Every citation shall be served personally upon the person cited unless a Judge permits some other mode of service. Rule 46 Probate and Administration Rules (7) Every will referred to in a citation shall be lodged in the Registry unless the Clerk is satisfied that such will is not within the control of the citor. (8) A person cited shall, within eight days of service upon him of the citation, enter an appearance in the Registry in the prescribed form and, in the event of his failure so to do, the citor may apply to a Judge \u2014 (a) for a grant to himself; or (b) for an order that a note be made upon the file that the person cited has not appeared and that his right to a grant has ceased. (9) A citation calling upon an executor who has intermeddled with the estate to show cause why he should not be ordered to take a grant may be issued by any person interested in the estate after the expiration of six months from the death of the deceased or at the expiry of proceedings as to the validity of the will, whichever is the later. (10) In the case of a citation under subrule (9) and in default of an appearance within eight days by the person cited, the citor may apply to a Judge by summons (which shall be served upon the person cited) for an order requiring such person \u2014 (i) to take a grant within a specified time: or (ii) for a grant to himself or some other person specified in the summons. (11) A person cited may apply for a grant on filing an affidavit showing that he has entered an appearance, and has not been served by the citor with notice of an application for a grant to himself or another specified person. (12) A citation to propound a will shall be directed to the executors named in the will and to all persons known to be interested thereunder and may be issued at the instance of any citor having an interest contrary to the executors or such other persons. (13) 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 on motion for an order for a grant as if the will were invalid.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Address for service 46. All caveats, objections, citations and appearances shall contain an address for service within the jurisdiction. 47. Leave to swear to a death 47. An application for leave to swear to the death of a person in whose estate a grant is sought may be made to a Judge and shall be supported by an affidavit setting out the grounds of the application and containing particulars of any policies of insurance. Probate and Administration Rules Rule 48 PART III - SMALL ESTATES 48. Dispensing with certain formalities 48. In dealing with applications in respect of small estates, the functions of a Judge in Chambers may be performed by a magistrate in Chambers, and the magistrate may, at his discretion and, until any caveat or citation is filed, waive wholly or in part the requirements of rules 15, 19, 20, 31, 32, 33, 35 and 40. Probate and Administration Rules SCHEDULE SCHEDULE FORMS Form P.A. 1 IN THE GRAND COURT Cause No. Probate and Administration Application No. In the Estate of deceased APPLICATION FOR GRANT OF PROBATE OF A WILL Succession Law section 3 (7) (2006 Revision) I\/WE, of being the executor (s) named in the last will of the late formerly of surviving the deceased, being over the age of eighteen years and not having renounced probate, which said will was made at on and the said will, at the time of the death of the deceased, having been found lying at in the custody of , which said will, together with the certificate of death, is annexed hereto, hereby apply for a grant of probate of the said will to me\/us and I\/we enclose herewith my\/our affidavit (s) in that behalf and I\/we undertake that in the event of such grant being made to me\/us, I\/we will \u2014 (a) within six months of the grant to me\/us of probate of the said will I\/we will prepare a true inventory of the said estate and exhibit and file the same in the Probate Registry; and (b) within one year of such grant to me\/us, I\/we will administer the said estate according to the tenor of the will and the directions, if any, of the courts and file in the Probate Registry a general account accounting for the whole of the assets of the said estate. Date SCHEDULE Probate and Administration Rules Form P.A. 2 IN THE GRAND COURT Cause No. Probate and Administration Application No. In the Estate of deceased AFFIDAVIT OF EXECUTOR(S) I\/WE of , being applicant(s) for a grant of probate of the will of the late make oath and say as follows \u2014 I\/We believe that \u2014 1. (here supply the particulars supplied by rule 20) 2. etc. the net value of the deceased\u2019s estate is approximately $ I\/We make this affidavit in support of my\/our application in the premises. What is stated above is true. _______________________________ _______________________________ Sworn before me this day of , 20 . ____________________________ Justice of the Peace\/Notary Public Probate and Administration Rules SCHEDULE Form P.A. 3 IN THE GRAND COURT Cause No. Probate and Administration Application No. In the Estate of deceased APPLICATION FOR LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED I\/WE of hereby apply for a grant of letters of administration with the will annexed of the estate of the late of who died at on having left a will which at the time of the death of the deceased was found lying at in the custody of which said will makes no provision for the appointment of an executor (or as the case may be) and which said will, together with the certificate of death, is annexed hereto, and in support of my\/our application in the premises, I\/we enclose herewith my\/our affidavit(s) in that our behalf and in the event of a grant being made to me\/us \u2014 BOND And I\/we declare myself\/ourselves (and our successors) to be jointly and severally bond unto the Financial Secretary of the Islands in the sum of $ Dated the of , 20 , and sealed with my\/our seal(s). The condition of this obligation is that if the above-named do, when lawfully called upon in that behalf, make or cause to be made a true and perfect inventory of the said estate and do exhibit the same in the Probate Registry whenever lawfully called upon so to do and do well and truly administer the said estate according to law and the tenor of the will and do make or cause to be made a just account and distribution account thereof whenever lawfully so required, then this obligation shall be void and of no effect, but shall otherwise remain in full force and effect. Signed, sealed and delivered by the within named in the presence of \u2014 _____________________________ Justice of the Peace\/Notary Public SCHEDULE Probate and Administration Rules Form P.A. 4 IN THE GRAND COURT Cause No. Probate and Administration Application No. In the Estate of deceased AFFIDAVIT (by applicant(s) for grant of administration with the will annexed) I\/WE of being applicant(s) for a grant of administration with the will annexed of the estate of the late make oath and say as follows \u2014 I\/We believe that \u2014 1. (here supply the particulars required by rule 20), the net value of the deceased\u2019s estate is approximately $ , my\/our interest in the said estate is . the other persons known to me\/us having an immediate or contingent interest in the said estate are, in order of priority- Names Addresses Relationships to the deceased I\/We make this affidavit in support of my\/our application in the premises. What is stated above is true. __________________________ __________________________ Sworn before me this day of , 20 . ____________________________ Justice of the Peace\/Notary Public Probate and Administration Rules SCHEDULE Form P.A. 5 IN THE GRAND COURT Cause No. Probate and Administration Application No. In the Estate of deceased APPLICATION FOR LETTERS OF ADMINISTRATION Succession Law section 3(7) (2006 Revision) I\/WE \u2014 of hereby apply for a grant of letters of administration of the estate of the late who died at intestate And I\/we annex hereto my\/our affidavit(s) in support of my\/our application and the certificate of death of the late . BOND And I\/we declare myself\/ourselves (and our successors) to be jointly and severally bound unto the Financial Secretary of the Islands in the sum of $ . Dated this day of , 20 , and sealed with my\/our seal(s). The condition of this obligation is that if the above named do, when lawfully called upon in that behalf make or cause to be made a true and perfect inventory of the said estate and do exhibit the same in the Probate Registry whenever lawfully called upon so to do and do well and truly administer the said estate according to law and do make or cause to be made a just account and distribution account thereof whenever lawfully so required and, if, hereafter any will of the deceased may be propounded, to yield up the letters of administration to the Probate Registry, then this obligation shall be void and of no effect, but shall otherwise remain in force and effect. Signed, sealed and delivered by the within named in the presence of \u2014 ____________________________ Justice of the Peace\/Notary Public The above form is to be appropriately adjusted to meet the case of \u2014 (a) execution of a corporation; (b) application for executorship according to the tenor of the will; (c) applications limited \u201cde bonis non\u201d, \u201cad colligenda bona\u201d, etc.; and (d) application for resealing. SCHEDULE Probate and Administration Rules Form P.A. 6 IN THE GRAND COURT Cause No. Probate and Administration Application No. In the Estate of deceased AFFIDAVIT BY ADMINISTRATOR(S) I\/WE of being applicant(s) for a grant of administration of the estate of the late make oath and say as follows \u2014 I\/WE believe that \u2014 1. (here supply the particulars required by rule 20); 2. the net value of the deceased\u2019s estate is approximately $ my\/our interest in the said estate is ; 3. the other persons known to me\/us having an immediate or contingent interest in the said estate are, in order of priority- Names Addresses Relationships to the deceased I\/We make this affidavit in support of my\/our application in the premises. What is stated above is true. __________________________ __________________________ Sworn before me this day of , 20 . ____________________________ Justice of the Peace\/Notary Public Probate and Administration Rules SCHEDULE Form P.A. 7 IN THE GRAND COURT Cause No. Probate and Administration No. In the Estate of late of deceased AFFIDAVIT OF ATTESTING WITNESS (rule 24) I, of whose postal address is make oath that I am one of the subscribing witnesses to the last will and testament of the said late of deceased, the said will being now hereunto annexed bearing date the day of , 20 , and that the said testator executed the said will on the day of the date thereof by signing his name at the foot or end thereof, as the same now appears thereon in the presence of me the other subscribed witness thereto both of us being present at the same time and we thereupon attested and subscribed the said will in the presence of the said testator. Sworn at this day of , 20 , before me. ____________________________ Justice of the Peace\/Notary Public SCHEDULE Probate and Administration Rules Form P.A. 8 IN THE GRAND COURT Cause No. Probate and Administration No. In the Estate of late of deceased AFFIDAVIT OF ATTESTING WITNESS (rule 25) I, of make oath and say that I witnessed the execution of the last will and testament of the above deceased, the said will bearing the date , *having been produced to me and that I saw the deceased execute the said will by signing his name at the foot or end thereof and saw and subscribing witnesses to the said will being both present at the time of execution thereof attest and subscribe the same in presence of the testator. Sworn at this day of , 20 , before me. ____________________________ Justice of the Peace\/Notary Public * or as the case may be Probate and Administration Rules SCHEDULE Form P.A. 9 IN THE GRAND COURT Cause No. Probate and Administration No. In the Estate of late of deceased INVENTORY OF ESTATE Succession Law (section 16) (2006 Revision) A true declaration of all and singular the personal estate and effects of late of in the Island of deceased, who died on the day of , 20 , which have at any time since the death, come to the hands, possession or knowledge of made and exhibited on the corporal oath of the said as follows, to wit- $ First-This declarant says that the deceased was at the time of his death possessed or entitled to . Lastly-This declarant saith that no personal estate or effects of or belonging to the said deceased have at any time since his death come to the hands, possession or knowledge of this declarant, save as is hereinbefore set forth. _______________________________________ On the day of , 20 , the said was duly sworn to the truth of the above inventory before me at in the Island of . ____________________________ Justice of the Peace\/Notary Public SCHEDULE Probate and Administration Rules Form P.A. 10 IN THE GRAND COURT Cause No. Probate and Administration No. In the Estate of late of deceased GRANT OF PROBATE BE IT KNOWN that on the day of , 20 , the last will and testament a true copy hereof is hereunto annexed of late of , of the Island of who died on or about the day of , 20 , was proven and registered in the said court and that administration of all the estate which by law devolves and vests in the personal representative of the said deceased was granted by the aforesaid court to the executor named in the will, he having been first sworn well and faithfully to administer the same, by paying the just debts of the deceased and the legacies contained in his will and to exhibit a true and perfect inventory of all and singular the said estate and effects, of the said deceased, and to render a just and true account thereof whenever required by law so to do. Dated this day of , 20 . _________________________ Clerk of the Court Probate and Administration Rules SCHEDULE Form P. A. 11 IN THE GRAND COURT Cause No. Probate and Administration No. In the Estate of late of deceased LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED BE IT KNOWN that on the day of , 20 , letters of administration with the will annexed of all the estate which by law devolves on and vests in the personal representative of late of , of the Island of who died on or about the day of , 20 , having previously made and executed his last will and testament bearing date the day of were granted by the said court of of in the Island of , he having been first sworn well and faithfully to administer the same by paying the just debts of the said deceased and the legacies contained in the said will and distributing the residue of his estate and effects according to law, and to exhibit a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof whenever required by law so to do. Date. _________________________ Clerk of the Court SCHEDULE Probate and Administration Rules Form P.A. 12 IN THE GRAND COURT Cause No. Probate and Administration No. In the Estate of late of deceased LETTERS OF ADMINISTRATION BE IT KNOWN that on the day of , 20 , letters of administration of all the estate which by law devolves on and vests in the personal representative of late of in the Island of who died on or about the day of , 20 , intestate were granted by the said court to of in the Island of the of the said intestate, he having been first sworn well and faithfully to administer the same by paying his just debts and distributing the residue of his personal estate and effects according to law, and to exhibit a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof whenever required by law so to do. Date. _______________________ Clerk of the Court Probate and Administration Rules SCHEDULE Form P.A. 13 IN THE GRAND COURT Cause No. Probate and Administration No. In the Estate of late of deceased LETTERS OF ADMINISTRATION DE BONIS NON BE IT KNOWN that deceased, died on or about the day of , 20 , intestate and that since his\/her death, to wit, on the day of , 20 , letters of administration of all the estate which by law devolves on and vests in the personal representative of the said deceased was committed and granted to (lawful ) of the deceased, by the Grand Court of the Cayman Islands on the day of , 20 , which grant now remains on record, who after intermeddling in the estate and effects, died on or about the day of , 20 , Letters of administration de bonis non of the said estate and effects so left unadministered were granted by the court to (lawful ) be having been first sworn well and faithfully to administer the same by paying the just debts of the said intestate and distributing the residue of his estate and effects according to law, and to exhibit a true and perfect inventory of the said estate and effects so left unadministered, and to render a just and true account thereof whenever required by law so to do. Date. ________________________ Clerk of the Court SCHEDULE Probate and Administration Rules Form P.A. 14 IN THE GRAND COURT Cause No. Probate and Administration No. CAVEAT Let no grant be sealed in the estate of the late of , who died on the day of , 20 , without notice to . Dated this day of , 20 . Signed. Address for service. Probate and Administration Rules SCHEDULE Form P.A. 15 IN THE GRAND COURT Cause No. Probate and Administration No. OBJECTION TO CAVEAT TO The Clerk of the Court Enter a warning, on my behalf in respect of the caveat lodged by on the day of , 20 , in the above cause. Dated. ____________________ Objector Address for service. SCHEDULE Probate and Administration Rules Form P.A. 16 IN THE GRAND COURT Cause No. Probate and Administration No. WARNING TO CAVEATOR TO of a party who has entered a caveat in the estate of the late . You are hereby warned, within eight days after service hereof upon you, inclusive the day of such service \u2014 (a) to enter an appearance in person or by your attorney-at-law in the Probate Registry setting forth what interest you have in the estate of the abovenamed; or (b) to issue and serve a summons for directions showing cause against the issue of a grant in the premises. In default of you so doing, the court may issue a grant notwithstanding your caveat. Dated. __________________________ Clerk of the Court Issued at the instance of . Publication in consolidated and revised form authorised by the Governor in Cabinet this 13th day of May, 2008. Carmena Watler Clerk of Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2008_01_01\", \"date\": \"2008-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2008_01_01\", \"timeInterval\": 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\"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/sl\/1977\/27\/eng@2008-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/sl\/1977\/27\/eng@2008-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"1977-0027\", \"actNumber\": \"27 of 1977\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSuccession Law\nPROBATE AND ADMINISTRATION RULES\n\n(2008 Revision)\nSupplement No. 6 published with Gazette No. 15 of 21st July, 2008.\n\nPage 2\nRevised as at 13th day of May, 2008\nc\n\nPUBLISHING DETAILS\nRevised under the authority of the Law Revision Law (1999 Revision).\nSuccession Law (Probate and Administration Rules) made the 22nd April, 1977 and\npublished as Supplement No. 1 with Gazette No. 12 of 1977,\nconsolidated with the \u2014\nSuccession Law (Probate and Administration) (Amendment) Rules, 1979 made the 15th\nMay, 1979 and published as Supplement No. 3 with Gazette No. 11 of 1979;\nGrand Court Rules, 1995 (part) made the 1st May, 1995 and published as Supplement\nNo. 1 with Extraordinary Gazette No. 9 of 1995;\nProbate and Administration (Amendment) Rules, 1997 made the 8th December, 1997 and\npublished as Supplement No. 2 with Gazette No. 26 of 1997; and\nCourt Fees (Amendment) Rules, 2007 (part) made the 30th and 31st May, 2007 (sic) and\npublished as Supplement No. 13 with Gazette No. 14 of 2007.\nConsolidated and revised this 13th day of May, 2008.\nNote (not forming part of the Rules): This revision replaces the 2001 Revision which\nshould now be discarded.\n\nProbate and Administration Rules\nArrangement of Rules\n\nc\nRevised as at 13th day of May, 2008\nPage 3\n\nCAYMAN ISLANDS\n\nSuccession Law\nPROBATE AND ADMINISTRATION RULES\n(2008 Revision)\nArrangement of Rules\nRule\nPage\nPART I - INTRODUCTORY\n1.\nCitation ......................................................................................................................................7\n2.\nDefinitions ..................................................................................................................................7\n3.\nThe Registry ..............................................................................................................................8\n4.\nThe Clerk ...................................................................................................................................8\n5.\nCompliance with s. 18 ................................................................................................................8\n6.\nRegistry to be public ..................................................................................................................9\n7.\nBusiness hours ..........................................................................................................................9\n8.\nForms ........................................................................................................................................9\nPART II - NON-CONTENTIOUS MATTERS\n9.\nApplication of this Part ...............................................................................................................9\n10.\nFiling applications ......................................................................................................................9\n11.\nApplications, how made .............................................................................................................9\n12.\nCertain applications to be kept pending .....................................................................................9\n13.\nDocuments to be filed with applications ................................................................................... 10\n14.\nPersonal applications ............................................................................................................... 10\n15.\nLimitation of Clerk\u2019s functions .................................................................................................. 10\n16.\nJudge to be satisfied before issue of grant ............................................................................... 10\n17.\nEarliest time for issue of grant .................................................................................................. 10\n18.\nApplications to be supported by affidavits ................................................................................ 10\n19.\nDeclaration as to prior rights and minor interests ..................................................................... 10\n20.\nContents of oath ...................................................................................................................... 10\n\nArrangement of Rules\nProbate and Administration Rules\n\nPage 4\nRevised as at 13th day of May, 2008\nc\n\n21.\nWill to be retained in Registry .................................................................................................. 11\n22.\nMarking of wills ........................................................................................................................ 11\n23.\nWhen copies of wills allowed ................................................................................................... 11\n24.\nProof of wills improperly attested ............................................................................................. 11\n25.\nEvidence in absence of attesting witness ................................................................................. 11\n26.\nBlind or illiterate testators......................................................................................................... 12\n27.\nAlterations and omissions ........................................................................................................ 12\n28.\nApparent attempt at revocation ................................................................................................ 12\n29.\nSupplementary affidavits.......................................................................................................... 12\n30.\nApplication of s. 6 of Wills Law (2004 Revision) ....................................................................... 12\n31.\nForeign law .............................................................................................................................. 13\n32.\nPriority where will is propounded ............................................................................................. 13\n33.\nPriority in case of intestacy ...................................................................................................... 13\n34.\nRights of assignees ................................................................................................................. 14\n35.\nJoinder of representation ......................................................................................................... 14\n36.\nTwo or more persons entitled in the same degree ................................................................... 14\n37.\nGrants in respect of non-domiciled deceased .......................................................................... 14\n38.\nPersons under disability ........................................................................................................... 15\n39.\nTrust corporations .................................................................................................................... 15\n40.\nAdministration bond ................................................................................................................. 15\n41.\nWhen surety not required......................................................................................................... 16\n42.\nResealing foreign grants .......................................................................................................... 16\n43.\nAmendment or revocation of a grant ........................................................................................ 16\n44.\nCaveats ................................................................................................................................... 16\n45.\nCitations .................................................................................................................................. 17\n46.\nAddress for service .................................................................................................................. 18\n47.\nLeave to swear to a death ........................................................................................................ 18\nPART III - SMALL ESTATES\n48.\nDispensing with certain formalities ........................................................................................... 19\n\nProbate and Administration Rules\nArrangement of Rules\n\nc\nRevised as at 13th day of May, 2008\nPage 5\n\nSCHEDULE\nFORMS\nAPPLICATION FOR GRANT OF PROBATE OF A WILL\nAFFIDAVIT OF EXECUTOR(S)\nAPPLICATION FOR LETTERS OF ADMINISTRATION WITH THE\nWILL ANNEXED\nAFFIDAVIT\nAPPLICATION FOR LETTERS OF ADMINISTRATION\nAFFIDAVIT BY ADMINISTRATOR(S)\nAFFIDAVIT OF ATTESTING WITNESS\nAFFIDAVIT OF ATTESTING WITNESS\nINVENTORY OF ESTATE\nGRANT OF PROBATE\nLETTERS OF ADMINISTRATION WITH THE WILL ANNEXED\nLETTERS OF ADMINISTRATION\nLETTERS OF ADMINISTRATION DE BONIS NON\nCAVEAT\nOBJECTION TO CAVEAT\nWARNING TO CAVEATOR\n\nProbate and Administration Rules\nRule 1\n\nc\nRevised as at 13th day of May, 2008\nPage 7\n\nCAYMAN ISLANDS\n\nSuccession Law\nPROBATE AND ADMINISTRATION RULES\n(2008 Revision)\n\nPART I - INTRODUCTORY\n1.\nCitation\n1.\nThese rules may be cited as the Probate and Administration Rules (2008 Revision).\n2.\nDefinitions\n2.\nIn these rules \u2014\n\u201capplication\u201d means an application to a court for probate or letters of\nadministration, and includes an application made under section 10;\n\u201cClerk\u201d means the Clerk of the Court and includes every person lawfully\nacting under his authority;\n\u201ccourt\u201d means a court having jurisdiction under these rules and includes any\nperson presiding thereover;\n\u201cgrant\u201d means a grant of probate or of letters of administration;\n\u201cmagistrate\u201d has the meaning ascribed to it in the Summary Jurisdiction Law\n(2006 Revision);\n\u201coath\u201d means the oath or affirmation required to be taken by every applicant\nfor a grant;\n\u201cold rules\u201d means the rules in force prior to the 6th June, 1977;\n\nRule 3\nProbate and Administration Rules\n\nPage 8\nRevised as at 13th day of May, 2008\nc\n\n\u201cprobate action\u201d means an action, other than a non-contentious action, for the\ngrant of probate of the will or of letters of administration of the estate of a\ndeceased person, for the revocation of a grant or for a decree pronouncing for\nor against the validity of an alleged will;\n\u201cRegistry\u201d means the Probate Registry established by rule 3;\n\u201csmall estate\u201d means an estate of a value of two thousand dollars or less; and\n\u201cwill\u201d includes codicil.\n3.\nThe Registry\n3.\nThere is established the Probate Registry located at the Court House, George Town,\nunder the management of the Clerk, which said Registry is merged with and\nconstitutes a continuation under these rules of the probate records established by\nand managed under the old rules.\n4.\nThe Clerk\n4.\n(1) The Clerk shall keep filed in the Registry all applications and grants and all\nmatters connected therewith intituled under the name of the relevant estates\nwith the relevant applications and serially numbered from the beginning to the\nend of each year chronologically according to the date of each first\napplication.\n(2) The Clerk shall cause notice to be published in the Gazette of every\napplication filed in the Registry relating to a person who died domiciled in the\nIslands, which notice shall include the \u2014\n(a)\nname of the deceased;\n(b) date of the application;\n(c)\nname of the applicants;\n(d) date of death; and\n(e)\nestimated total value of the estate.\n(3) The Clerk shall record applications made subsequent to a first application in a\nbook called the \u201cSubsequent Application Book\u201d which shall show \u2014\n(a)\nthe file number of the relevant estate;\n(b) particulars of the first and any other applications; and\n(c)\nthe date and time of the application now recorded.\n5.\nCompliance with s. 18\n5.\nWhen the Clerk transmits documents to the Public Recorder under section 18 he\nshall retain and file in the Registry the copies thereof required by that section to\nbe made.\n\nProbate and Administration Rules\nRule 6\n\nc\nRevised as at 13th day of May, 2008\nPage 9\n\n6.\nRegistry to be public\n6.\nIn the case of files relating to deceased persons domiciled in the Islands at the time\nof death, members of the public having an interest in an estate shall have access to\nsuch files during prescribed business hours through the Clerk who shall produce for\ninspection any document relevant to that estate and make and supply office copies\nthereof upon payment by applicants of the prescribed fees in that behalf.\n7.\nBusiness hours\n7.\nThe Registry will be open for public business between the hours of 10.00 until noon\nand 14.00 until 16.00 on every weekday excluding Saturdays and Public Holidays.\n8.\nForms\n8.\nForms used for the transaction of business under these rules are prescribed in the\nSchedule.\nPART II - NON-CONTENTIOUS MATTERS\n9.\nApplication of this Part\n9.\nThis Part deals with applications for grants the right to which is undisputed and the\nlodging of caveats against grants.\n10.\nFiling applications\n10. Applications shall be filed in the Registry by delivery to the Clerk and shall (save in\nthe case of applications in respect of small estates) be dealt with in Chambers by a\nJudge of the Grand Court.\n11.\nApplications, how made\n11. Applications which may be made by personal attendance or through the post may be\nmade by the applicant in person or by an attorney-at-law acting on his behalf and no\nperson other than an attorney-at-law may act for reward as agent for an applicant.\n12.\nCertain applications to be kept pending\n12. Personal applications shall not be proceeded with if \u2014\n(a)\nit becomes necessary to bring the matter before the court on motion or by\ncause;\n(b) an application made by an attorney-at-law on behalf of the applicant has\nnot been withdrawn; or\n(c)\nthe court otherwise directs.\n\nRule 13\nProbate and Administration Rules\n\nPage 10\nRevised as at 13th day of May, 2008\nc\n\n13.\nDocuments to be filed with applications\n13. Applications shall be accompanied by \u2014\n(a)\na certificate of the death of the deceased or such other evidence of death\nas the Clerk may require; and\n(b) such other documents as may be necessary to enable the grant to be made\nsworn on affidavit, if appropriate, before a Justice of the Peace.\n14.\nPersonal applications\n14. Where an application is made personally, the applicant shall supply all information\nnecessary to enable the papers leading to the grant to be prepared by the Clerk, or\nthe applicant may prepare such papers himself and lodge them for approval\nunsworn.\n15.\nLimitation of Clerk\u2019s functions\n15. The Clerk shall not give legal advice to a personal applicant other than for the\npurpose of embodying in proper form the applicant\u2019s instructions for the grant.\n16.\nJudge to be satisfied before issue of grant\n16. A Judge shall not issue any grant until all inquiries which he sees fit to make have\nbeen answered to his satisfaction, and a Judge may require proof of the identity of\nthe deceased or of the applicant beyond that contained in the oath.\n17.\nEarliest time for issue of grant\n17. In the absence of the leave of the Court in that behalf, no grant of probate or\nadministration with the will annexed shall issue within twenty-one days of the death\nof the deceased and no grant of administration shall issue within twenty-eight days.\n18.\nApplications to be supported by affidavits\n18. Every application shall be supported be an oath in a form applicable to the\ncircumstances of the case, which shall be contained in an affidavit sworn by the\napplicant and by such other papers as these rules may require.\n19.\nDeclaration as to prior rights and minor interests\n19. On an application for a grant of administration, the oath shall state whether, and if\nso in what manner, all persons having a prior right to a grant have been cleared off,\nand whether any minority or life interests arise under the will or intestacy.\n20.\nContents of oath\n20. The oath in support of the application shall state to the full extent of the applicant\u2019s\nknowledge and belief \u2014\n\nProbate and Administration Rules\nRule 21\n\nc\nRevised as at 13th day of May, 2008\nPage 11\n\n(a)\nwhether there was land vested in the deceased which was settled\npreviously to his death otherwise than by his will and which remained\nsettled notwithstanding his death;\n(b) the deceased\u2019s domicile at death;\n(c)\nany name, other than an addition to his true name, by which the deceased\nwas known in connection with the ownership of any property (to be\nspecified) at the time of his death.\n21.\nWill to be retained in Registry\n21. After a will has been deposited it shall be retained in the Registry, unless a Judge\notherwise directs, until transferred to the Recorder under section 18.\n22.\nMarking of wills\n22. Every will in respect of which an application for a grant is made shall be marked by\nthe signature of the applicant and the person before whom the oath is sworn and\nshall be exhibited in any relevant affidavit required by these rules:\nProvided that the Clerk may allow a photographic copy of a will to be marked and\nexhibited in lieu of the original.\n23.\nWhen copies of wills allowed\n23. Where any original will cannot be satisfactorily reproduced by photographic or\nother facsimile copying process or the will contains alterations not admissible to\nproof, the Clerk may require an engrossment suitable for reproduction by\nphotographic or other means to be lodged, and such engrossment shall \u2014\n(a)\nreproduce the punctuation, spacing and paragraphing of the original\nwill; and\n(b) indicate any pencilled records in the original will by underlining them in\nred in the reproduction.\n24.\nProof of wills improperly attested\n24. Where it appears to a Judge that there is some doubt as to the due execution of a\nwill by lack of any sufficient attestation clause or other reason, the Judge may\nrequire an affidavit of execution from one or more of the attesting witnesses or, in\nthe unavailability of such witness, from any person who was present at the\nexecution.\n25.\nEvidence in absence of attesting witness\n25. (1) If no affidavit can be obtained in accordance with rule 24, a Judge may accept\nevidence on affidavit from any person to show that the signature on the will is\nin the handwriting of the deceased or of any other matter which may raise a\npresumption in favour of the due execution of the will.\n\nRule 26\nProbate and Administration Rules\n\nPage 12\nRevised as at 13th day of May, 2008\nc\n\n(2) The Judge may, after considering the evidence \u2014\n(a)\nrefuse probate and mark the will accordingly; or\n(b) adjourn the matter for further consideration on the motion of the\napplicant in that behalf.\n26.\nBlind or illiterate testators\n26. Before admitting to proof of a will which appears to have been signed by a blind or\nilliterate testator or by another person by direction of the testator, or which for any\nreason gives rise to doubt as to the testator having had knowledge of the contents of\nthe will at the time of its execution, a Judge shall satisfy himself that the testator had\nsuch knowledge.\n27.\nAlterations and omissions\n27. (1) Where there appears in any will any obliteration, interlineation, or other\nalteration which appears to a Judge to be of practicable importance and is not\nauthenticated in the manner prescribed by section 16 of the Wills Law (2004\nRevision) or by re-execution of the will by the execution of a codicil, the Judge\nshall require evidence to show whether the alteration was present at the time\nthe will was executed and shall give directions as to the form in which the will\nis to be proved.\n(2) If, from any mark on the will, it appears to a Judge that some other document\nhas been attached to the will, or if a will contains any reference to another\ndocument in such terms as to suggest that it ought to be incorporated in the\nwill, the Judge may require the document to be produced and may call for such\nevidence in regard to the attaching or incorporation of the document as he may\nthink fit.\n(3) Where the date of the execution of a will is in doubt a Judge may require\nevidence to establish such date.\n28.\nApparent attempt at revocation\n28. Any appearance of attempted revocation of a will by burning, tearing or otherwise,\nand every circumstance leading to a presumption of revocation by the testator, shall\nbe accounted for to a Judge\u2019s satisfaction.\n29.\nSupplementary affidavits\n29. A Judge may require an affidavit from any person upon any of the matters referred\nto in rule 26, 27 or 28.\n30.\nApplication of s. 6 of Wills Law (2004 Revision)\n30. Nothing in rule 26, 27 or 28 shall apply to a will which it its sought to establish\notherwise than by reference to section 6 of the Wills Law (2004 Revision) but the\nterms and validity of such will shall be established to the satisfaction of a Judge.\n\nProbate and Administration Rules\nRule 31\n\nc\nRevised as at 13th day of May, 2008\nPage 13\n\n31.\nForeign law\n31. Evidence of the law of a country outside the Islands may be given on affidavit or\notherwise by a legal practitioner who is qualified and authorised to practice and has\npractised in the relevant foreign jurisdiction.\n32.\nPriority where will is propounded\n32. The person or persons entitled to a grant of probate, or administration with the will\nannexed, are, in order of priority \u2014\n(a)\nthe executor;\n(b) any residuary legatee or devisee holding in trust for any other person;\n(c)\nany residuary legatee or devisee for life;\n(d) the ultimate residuary legatee or devisee, or, where the residue is not\nwholly disposed of by will, any person entitled to a share in the residue\nnot so disposed of or his personal representative;\n(e)\nany specific legatee, devisee, creditor or his personal representative;\n(f)\nany contingent legatee, devisee or beneficiary; or\n(g) any person having no interest under the will of the deceased who would\nhave been entitled to a grant if the deceased had died wholly intestate.\n33.\nPriority in case of intestacy\n33. Where the deceased died wholly intestate, the persons having a beneficial interest in\nthe estate entitled to a grant of administration are, in order of priority \u2014\n(a)\nthe surviving spouse;\n(b) the children of the deceased including any persons entitled by any\nenactment to be treated as the children of the deceased born in lawful\nwedlock, or the issue of any such child who has died in the lifetime of the\ndeceased;\n(c)\nthe father or mother of the deceased;\n(d) the brothers and sisters of the whole blood or the issue of any of them\nwho is dead;\n(e)\nthe persons next entitled under section 29; or\n(f)\nif all the above persons have been cleared off, any creditor of the\ndeceased or a person who may have a beneficial interest in the estate in\nthe event of an accretion thereto:\nProvided further that the persons mentioned in paragraphs (a) to (e) shall be\npreferred to the personal representative of a spouse who has died without\ntaking a beneficial interest in the whole of the estate of the deceased as\nascertained at the time of the application for the grant.\n\nRule 34\nProbate and Administration Rules\n\nPage 14\nRevised as at 13th day of May, 2008\nc\n\n34.\nRights of assignees\n34. (1) Where all the persons entitled to the estate of the deceased (whether under a\nwill or on intestacy) have assigned their whole interest in the estate to one or\nmore persons, the assignee or assignees shall replace, in the order of priority\nfor a grant of administration, the assignor or, if there are two or more\nassignors, the assignor with the highest priority.\n(2) In any case where administration is applied for by an assignee, a copy of the\ninstrument of assignment shall be lodged in the Registry.\n35.\nJoinder of representation\n35. An application to join with a person entitled to a grant of administration a person\nentitled in a lower degree or a person having no right thereto shall, in default of\nrenunciation by all persons entitled in priority to such last-mentioned persons, be\nmade to a Judge and shall be supported by an affidavit by the person entitled, the\nconsent of the person proposed to a joined as personal representative and such other\nevidence as the Judge may require:\nProvided that the Judge may, in any event, join with a person entitled to\nadministration \u2014\n(a)\na person nominated by the guardian of an infant beneficiary; and\n(b) a trust corporation authorised by law to conduct trusteeship business.\n36.\nTwo or more persons entitled in the same degree\n36. (1) A grant may be made to any person entitled thereto without notice to others\nentitled in the same degree.\n(2) Disputes between persons entitled to a grant in the same degree shall be\nbrought before a Judge by summons and no relevant grant shall be sealed until\nsuch summons is finally disposed of.\n(3) Unless a Judge otherwise directs, administration shall be granted to a living\nperson in preference to the personal representatives of a deceased person who,\nif living, would be entitled to the same priority.\n(4) No rule of priority shall operate to prevent a grant being made to any person to\nwhom a grant may or may not be required to be made under any law.\n(5) Save as specifically provided by these rules, the rules of priority shall apply\nonly to persons dying domiciled in the Islands.\n37.\nGrants in respect of non-domiciled deceased\n37. (1) Subject to subrule (3), where the deceased died domiciled outside the Islands,\na Judge may order that a grant be made \u2014\n(a)\nto the person entrusted with the administration of the estate by the court\nhaving jurisdiction at the place where the deceased died domiciled;\n\nProbate and Administration Rules\nRule 38\n\nc\nRevised as at 13th day of May, 2008\nPage 15\n\n(b) where there is no person so entrusted, to the person beneficially entitled\nto the estate by the law of the place where the deceased died domiciled\nor, if there is more than one person so entitled, to such of them as the\nJudge may direct; or\n(c)\nif in the opinion of the Judge the circumstances so require, to such person\nas the Judge may direct.\n(2) A grant made under paragraph (a) or (b) of subrule (1) may be issued jointly\nwith such person as the Judge may direct if the grant is required to be made to\nnot less than two administrators.\n(3) Without any order made under subrule (1) \u2014\n(a)\nprobate of any will that is admissible to proof may be granted \u2014\n(i)\nif the will is in the English language, to the executor named in it; or\n(ii) if the will describes the duties of the named person in terms\nsufficient to constitute him executor according to the tenor of the\nwill, to that person;\n(b) where the whole or substantially the whole of the estate in the Islands\nconsists of immovable property, a grant in respect of the whole estate\nmay be made in accordance with the law that would have applied if the\ndeceased had died domiciled in the Islands; and\n(c)\nthe rules of priority shall apply to a case to which this subrule applies.\n38.\nPersons under disability\n38. Where the person to whom a grant would otherwise be made is under a disability, a\nJudge may make a grant to a guardian, committee, trustee or attorney of such person\nand may make provision for such grant to be limited to such time as such person\nremains under disability, and thereafter until such person makes application for the\ngrant to be transferred to him, and in exercise of its powers under any law may\nmake one or more such appointments for such purpose.\n39.\nTrust corporations\n39. Where a trust corporation applies for a grant it shall do so through a duly authorised\nofficer appointed by it in that behalf and there shall be filed in the Registry a\ncertified copy of a resolution appointing such officer, either for the purpose of the\nparticular grant or generally until further notice.\n40.\nAdministration bond\n40. (1) Every administration bond shall be in the prescribed form and shall be\nexecuted by the administrator or administrators and one or more sureties\nwhose signatures and seals (as the case may be) shall be attested by a person\nauthorised by law to administer oaths,\n(2) No bond is required in an application for probate.\n\nRule 41\nProbate and Administration Rules\n\nPage 16\nRevised as at 13th day of May, 2008\nc\n\n41.\nWhen surety not required\n41. No sureties shall be required in the case of an application for administration \u2014\n(a)\nby a trust corporation authorised by law to conduct trusteeship business;\n(b) by a servant of the Crown acting in such capacity;\n(c)\nwhere the deceased left no estate; or\n(d) limited to the prosecution or defence of an action.\n42.\nResealing foreign grants\n42. An application under section 23 for the resealing of probate or administration\ngranted in a country to which that section applies shall be made by the person to\nwhom the grant was made or by any person authorised in writing to apply on his\nbehalf, and on any such application \u2014\n(a)\na Judge may require that the application be advertised in such manner as\nhe may direct and be supported by an oath sworn by the person making\nthe application;\n(b) where the grant is one of administration, a bond in the prescribed form\nshall be given by the applicant unless a Judge decides to dispense\ntherewith;\n(c)\nthere shall be lodged a copy of the will, if any, to which the application\nrelates certified as correct by or under the authority of the court which\nmade the grant; and\n(d) upon resealing of the grant, the Clerk shall send notice thereof to the\ncourt which made the grant.\n43.\nAmendment or revocation of a grant\n43. If a Judge is satisfied that a grant should be amended or revoked, he may make an\norder accordingly:\nProvided that, except in special circumstances, no grant shall be amended or\nrevoked under this rule except upon application or with the consent of the person to\nwhom the grant was made.\n44.\nCaveats\n44. (1) Whoever wishes to ensure that no grant is sealed without notice to himself\nmay enter a caveat in the Registry.\n(2) A caveat is entered by a person (\u201cthe caveator\u201d) completing a prescribed form\nand posting or lodging it with the Clerk.\n(3) A caveat may be lodged by an attorney-at-law on behalf of a named caveator.\n(4) A caveat shall cease to operate six months after lodgment without prejudice to\nthe right to lodge a further caveat or caveats.\n\nProbate and Administration Rules\nRule 45\n\nc\nRevised as at 13th day of May, 2008\nPage 17\n\n(5) The Clerk shall keep a chronological record of caveats and shall make a search\ntherein upon the receipt of every application and before the sealing of any\ngrant.\n(6) No grant shall be sealed in respect of which an operative caveat has been\nlodged on or before the day previous to the day of sealing.\n(7) Objection may be lodged against a caveat by the objector lodging with the\nClerk a warning in the prescribed form requiring the caveator to declare his\ninterest in the relevant estate, and the Clerk shall serve such warning upon the\ncaveator.\n(8) A caveator, not having a contrary interest, but wishing to show cause against\nthe sealing of the grant shall, within eight days of the despatch to him of a\nwarning, lodge, at the Registry, a summons for directions with copy thereof to\nthe objector.\n(9) Should the caveator fail to lodge a summons for directions timeously in\naccordance with subrule (8), the caveat shall be deemed to be vacated unless\nthe court otherwise directs.\n(10) Upon the receipt of a summons for directions, the Clerk shall cause the matter\nto be set down for hearing by the court and notify all parties in that behalf.\n(11) A caveator having an interest contrary to the objector may, within eight days\nof the service of the objection upon him, inclusive of the day of such service,\nenter an appearance in the Registry by service in the prescribed form and\nservice of a sealed copy thereof upon the objector.\n(12) A caveat in respect of which an appearance to a warning has been filed shall\nremain in force until the commencement of a probate action.\n(13) The commencement of a probate action, whether or not arising out of a caveat\nshall operate to prevent the sealing of the relevant grant until the court\notherwise directs.\n45.\nCitations\n45. (1) A citation is a notice which may be directed by the citor to the person cited\ncalling upon him to accept or refuse a grant.\n(2) The citor is a person who would be entitled to a grant in the event of the\nperson cited renouncing his right thereto.\n(3) Every citation shall issue from the Registry and shall be settled by the Clerk\nbefore issue.\n(4) Every averment in a citation shall be verified by affidavit.\n(5) The citor shall issue a caveat prior to issue of the citation.\n(6) Every citation shall be served personally upon the person cited unless a Judge\npermits some other mode of service.\n\nRule 46\nProbate and Administration Rules\n\nPage 18\nRevised as at 13th day of May, 2008\nc\n\n(7) Every will referred to in a citation shall be lodged in the Registry unless the\nClerk is satisfied that such will is not within the control of the citor.\n(8) A person cited shall, within eight days of service upon him of the citation,\nenter an appearance in the Registry in the prescribed form and, in the event of\nhis failure so to do, the citor may apply to a Judge \u2014\n(a)\nfor a grant to himself; or\n(b) for an order that a note be made upon the file that the person cited has not\nappeared and that his right to a grant has ceased.\n(9) A citation calling upon an executor who has intermeddled with the estate to\nshow cause why he should not be ordered to take a grant may be issued by any\nperson interested in the estate after the expiration of six months from the death\nof the deceased or at the expiry of proceedings as to the validity of the will,\nwhichever is the later.\n(10) In the case of a citation under subrule (9) and in default of an appearance\nwithin eight days by the person cited, the citor may apply to a Judge by\nsummons (which shall be served upon the person cited) for an order requiring\nsuch person \u2014\n(i)\nto take a grant within a specified time: or\n(ii) for a grant to himself or some other person specified in the\nsummons.\n(11) A person cited may apply for a grant on filing an affidavit showing that he has\nentered an appearance, and has not been served by the citor with notice of an\napplication for a grant to himself or another specified person.\n(12) A citation to propound a will shall be directed to the executors named in the\nwill and to all persons known to be interested thereunder and may be issued at\nthe instance of any citor having an interest contrary to the executors or such\nother persons.\n(13) If the time limited for appearance has expired and no person cited has entered\nan appearance, or if no person who has appeared proceeds with reasonable\ndiligence to propound the will, the citor may apply on motion for an order for\na grant as if the will were invalid.\n46.\nAddress for service\n46. All caveats, objections, citations and appearances shall contain an address for\nservice within the jurisdiction.\n47.\nLeave to swear to a death\n47. An application for leave to swear to the death of a person in whose estate a grant is\nsought may be made to a Judge and shall be supported by an affidavit setting out the\ngrounds of the application and containing particulars of any policies of insurance.\n\nProbate and Administration Rules\nRule 48\n\nc\nRevised as at 13th day of May, 2008\nPage 19\n\nPART III - SMALL ESTATES\n48.\nDispensing with certain formalities\n48. In dealing with applications in respect of small estates, the functions of a Judge in\nChambers may be performed by a magistrate in Chambers, and the magistrate may,\nat his discretion and, until any caveat or citation is filed, waive wholly or in part the\nrequirements of rules 15, 19, 20, 31, 32, 33, 35 and 40.\n\nProbate and Administration Rules\nSCHEDULE\n\nc\nRevised as at 13th day of May, 2008\nPage 21\n\n SCHEDULE\nFORMS\nForm P.A. 1\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration Application No.\nIn the Estate of deceased\nAPPLICATION FOR GRANT OF PROBATE OF A WILL\nSuccession Law\nsection 3 (7)\n(2006 Revision)\nI\/WE,\nof being the executor (s) named in the last\nwill of the late formerly of\nsurviving the deceased, being over the age of eighteen years and not having renounced\nprobate, which said will was made at on\n and the said will, at the time of the death of the\ndeceased, having been found lying at in the custody\nof , which said will, together with the certificate\nof death, is annexed hereto, hereby apply for a grant of probate of the said will to me\/us\nand I\/we enclose herewith my\/our affidavit (s) in that behalf and I\/we undertake that in\nthe event of such grant being made to me\/us, I\/we will \u2014\n(a)\nwithin six months of the grant to me\/us of probate of the said will I\/we\nwill prepare a true inventory of the said estate and exhibit and file the\nsame in the Probate Registry; and\n(b) within one year of such grant to me\/us, I\/we will administer the said\nestate according to the tenor of the will and the directions, if any, of the\ncourts and file in the Probate Registry a general account accounting for\nthe whole of the assets of the said estate.\nDate\n\nSCHEDULE\nProbate and Administration Rules\n\nPage 22\nRevised as at 13th day of May, 2008\nc\n\nForm P.A. 2\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration Application No.\nIn the Estate of deceased\nAFFIDAVIT OF EXECUTOR(S)\nI\/WE\nof ,\nbeing applicant(s) for a grant of probate of the will of the late\nmake oath and say as follows \u2014\nI\/We believe that \u2014\n1.\n(here supply the particulars supplied by rule 20)\n2.\netc.\nthe net value of the deceased\u2019s estate is approximately $\nI\/We make this affidavit in support of my\/our application in the premises.\nWhat is stated above is true.\n_______________________________\n_______________________________\nSworn before me this\nday of , 20 .\n____________________________\nJustice of the Peace\/Notary Public\n\nProbate and Administration Rules\nSCHEDULE\n\nc\nRevised as at 13th day of May, 2008\nPage 23\n\nForm P.A. 3\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration Application No.\nIn the Estate of deceased\nAPPLICATION FOR LETTERS OF ADMINISTRATION WITH THE WILL\nANNEXED\nI\/WE\nof\nhereby apply for a grant of letters of administration with the will annexed of the estate of\nthe late of who died at\non having left a will which at the time of the death of the\ndeceased was found lying at\nin the custody of which said will makes no provision for the appointment\nof an executor (or as the case may be) and which said will, together with the certificate of\ndeath, is annexed hereto, and in support of my\/our application in the premises, I\/we\nenclose herewith my\/our affidavit(s) in that our behalf and in the event of a grant being\nmade to me\/us \u2014\nBOND\nAnd I\/we declare myself\/ourselves (and our successors) to be jointly and severally bond\nunto the Financial Secretary of the Islands in the sum of $\nDated the of , 20 , and sealed with my\/our seal(s).\nThe condition of this obligation is that if the above-named do, when lawfully called upon\nin that behalf, make or cause to be made a true and perfect inventory of the said estate\nand do exhibit the same in the Probate Registry whenever lawfully called upon so to do\nand do well and truly administer the said estate according to law and the tenor of the will\nand do make or cause to be made a just account and distribution account thereof\nwhenever lawfully so required, then this obligation shall be void and of no effect, but\nshall otherwise remain in full force and effect.\nSigned, sealed and delivered by the within named in the presence of \u2014\n_____________________________\nJustice of the Peace\/Notary Public\n\nSCHEDULE\nProbate and Administration Rules\n\nPage 24\nRevised as at 13th day of May, 2008\nc\n\nForm P.A. 4\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration Application No.\nIn the Estate of deceased\nAFFIDAVIT\n(by applicant(s) for grant of administration with the will annexed)\nI\/WE\nof\nbeing applicant(s) for a grant of administration with the will annexed of the estate of the\nlate make oath and say as follows \u2014\nI\/We believe that \u2014\n1.\n(here supply the particulars required by rule 20), the net value of the deceased\u2019s\nestate is approximately $ , my\/our interest in the said estate is\n.\nthe other persons known to me\/us having an immediate or contingent interest in the said\nestate are, in order of priority-\nNames\nAddresses\nRelationships to the\ndeceased\nI\/We make this affidavit in support of my\/our application in the premises.\nWhat is stated above is true.\n__________________________\n__________________________\nSworn before me\nthis day of , 20 .\n____________________________\nJustice of the Peace\/Notary Public\n\nProbate and Administration Rules\nSCHEDULE\n\nc\nRevised as at 13th day of May, 2008\nPage 25\n\nForm P.A. 5\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration Application No.\nIn the Estate of deceased\nAPPLICATION FOR LETTERS OF ADMINISTRATION\nSuccession Law\nsection 3(7)\n(2006 Revision)\nI\/WE \u2014\nof\nhereby apply for a grant of letters of administration of the estate of the late\n who died at intestate\nAnd I\/we annex hereto my\/our affidavit(s) in support of my\/our application and the\ncertificate of death of the late .\nBOND\nAnd I\/we declare myself\/ourselves (and our successors) to be jointly and severally bound\nunto the Financial Secretary of the Islands in the sum of $ .\nDated this day of , 20 , and sealed with my\/our seal(s).\nThe condition of this obligation is that if the above named do, when lawfully called upon\nin that behalf make or cause to be made a true and perfect inventory of the said estate and\ndo exhibit the same in the Probate Registry whenever lawfully called upon so to do and\ndo well and truly administer the said estate according to law and do make or cause to be\nmade a just account and distribution account thereof whenever lawfully so required and,\nif, hereafter any will of the deceased may be propounded, to yield up the letters of\nadministration to the Probate Registry, then this obligation shall be void and of no effect,\nbut shall otherwise remain in force and effect.\nSigned, sealed and delivered by the within named in the presence of \u2014\n____________________________\nJustice of the Peace\/Notary Public\nThe above form is to be appropriately adjusted to meet the case of \u2014\n(a) execution of a corporation;\n(b) application for executorship according to the tenor of the will;\n(c)\napplications limited \u201cde bonis non\u201d, \u201cad colligenda bona\u201d, etc.; and\n(d) application for resealing.\n\nSCHEDULE\nProbate and Administration Rules\n\nPage 26\nRevised as at 13th day of May, 2008\nc\n\nForm P.A. 6\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration Application No.\nIn the Estate of deceased\nAFFIDAVIT BY ADMINISTRATOR(S)\nI\/WE\nof being applicant(s) for a grant of\nadministration of the estate of the late make oath and say\nas follows \u2014\nI\/WE believe that \u2014\n1.\n(here supply the particulars required by rule 20);\n2.\nthe net value of the deceased\u2019s estate is approximately $ my\/our interest\nin the said estate is ;\n3.\nthe other persons known to me\/us having an immediate or contingent interest in the\nsaid estate are, in order of priority-\nNames\nAddresses\nRelationships to the\ndeceased\nI\/We make this affidavit in support of my\/our application in the premises.\nWhat is stated above is true.\n__________________________\n__________________________\nSworn before me this day\nof , 20 .\n____________________________\nJustice of the Peace\/Notary Public\n\nProbate and Administration Rules\nSCHEDULE\n\nc\nRevised as at 13th day of May, 2008\nPage 27\n\nForm P.A. 7\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nIn the Estate of late of deceased\nAFFIDAVIT OF ATTESTING WITNESS\n(rule 24)\nI, of whose postal\naddress is make oath that I am one of the subscribing\nwitnesses to the last will and testament of the said\nlate of deceased, the said will being now hereunto annexed\nbearing date the day of ,\n20 , and that the said testator executed the said will on the day of the date thereof\nby signing his name at the foot or end thereof, as the same now appears thereon in the\npresence of me\nthe other subscribed witness thereto both of us being present at the same time and we\nthereupon attested and subscribed the said will in the presence of the said testator.\nSworn at\nthis day of , 20 ,\nbefore me.\n____________________________\nJustice of the Peace\/Notary Public\n\nSCHEDULE\nProbate and Administration Rules\n\nPage 28\nRevised as at 13th day of May, 2008\nc\n\nForm P.A. 8\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nIn the Estate of late of deceased\nAFFIDAVIT OF ATTESTING WITNESS\n(rule 25)\nI, of make oath and\nsay that I witnessed the execution of the last will and testament of the above deceased,\nthe said will bearing the date , *having been produced to me and\nthat I saw the deceased execute the said will by signing his name at the foot or end\nthereof and saw and\n subscribing witnesses to the said will being\nboth present at the time of execution thereof attest and subscribe the same in presence of\nthe testator.\nSworn at\nthis day of , 20 ,\nbefore me.\n____________________________\nJustice of the Peace\/Notary Public\n* or as the case may be\n\nProbate and Administration Rules\nSCHEDULE\n\nc\nRevised as at 13th day of May, 2008\nPage 29\n\nForm P.A. 9\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nIn the Estate of late of deceased\nINVENTORY OF ESTATE\nSuccession Law\n(section 16)\n(2006 Revision)\nA true declaration of all and singular the personal estate and effects of\n late of in the Island of deceased, who died\non the day of , 20 , which have at any time since the death,\ncome to the hands, possession or knowledge of\n made and exhibited on the corporal oath of the said\nas follows, to wit- $\nFirst-This declarant says that the deceased was at the time of his death possessed or\nentitled to .\nLastly-This declarant saith that no personal estate or effects of or belonging to the said\ndeceased have at any time since his death come to the hands, possession or knowledge of\nthis declarant, save as is hereinbefore set forth.\n_______________________________________\nOn the day of , 20 , the said was duly sworn\nto the truth of the above inventory before me at\n in the Island of .\n____________________________\nJustice of the Peace\/Notary Public\n\nSCHEDULE\nProbate and Administration Rules\n\nPage 30\nRevised as at 13th day of May, 2008\nc\n\nForm P.A. 10\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nIn the Estate of late of deceased\nGRANT OF PROBATE\nBE IT KNOWN that on the day of , 20 , the last will and\ntestament a true copy hereof is hereunto annexed of\nlate of , of the Island of\nwho died on or about the day of , 20 , was\nproven and registered in the said court and that administration of all the estate which by\nlaw devolves and vests in the personal representative of the said deceased was granted by\nthe aforesaid court to\nthe executor named in the will, he having been first sworn well and faithfully to\nadminister the same, by paying the just debts of the deceased and the legacies contained\nin his will and to exhibit a true and perfect inventory of all and singular the said estate\nand effects, of the said deceased, and to render a just and true account thereof whenever\nrequired by law so to do.\nDated this day of , 20 .\n_________________________\nClerk of the Court\n\nProbate and Administration Rules\nSCHEDULE\n\nc\nRevised as at 13th day of May, 2008\nPage 31\n\nForm P. A. 11\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nIn the Estate of late of deceased\nLETTERS OF ADMINISTRATION WITH THE WILL ANNEXED\nBE IT KNOWN that on the day of , 20 , letters of\nadministration with the will annexed of all the estate which by law devolves on and vests\nin the personal representative of late of ,\nof the Island of who died on or about the day of\n, 20 , having previously made and executed his last will and testament bearing date the\nday of were granted by the said court of of\nin the Island of , he having been first sworn well and faithfully\nto administer the same by paying the just debts of the said deceased and the legacies\ncontained in the said will and distributing the residue of his estate and effects according\nto law, and to exhibit a true and perfect inventory of all and singular the said estate and\neffects, and to render a just and true account thereof whenever required by law so to do.\nDate.\n_________________________\nClerk of the Court\n\nSCHEDULE\nProbate and Administration Rules\n\nPage 32\nRevised as at 13th day of May, 2008\nc\n\nForm P.A. 12\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nIn the Estate of late of deceased\nLETTERS OF ADMINISTRATION\nBE IT KNOWN that on the day of , 20 , letters of\nadministration of all the estate which by law devolves on and vests in the personal\nrepresentative of late of in the Island of\nwho died on or about the day of , 20 ,\nintestate were granted by the said court to of\nin the Island of the of the said intestate, he having\nbeen first sworn well and faithfully to administer the same by paying his just debts and\ndistributing the residue of his personal estate and effects according to law, and to exhibit\na true and perfect inventory of all and singular the said estate and effects, and to render a\njust and true account thereof whenever required by law so to do.\nDate.\n_______________________\nClerk of the Court\n\nProbate and Administration Rules\nSCHEDULE\n\nc\nRevised as at 13th day of May, 2008\nPage 33\n\nForm P.A. 13\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nIn the Estate of late of deceased\nLETTERS OF ADMINISTRATION DE BONIS NON\nBE IT KNOWN that deceased, died on or about the\nday of , 20 , intestate and that since his\/her death, to wit, on the\nday of , 20 , letters of administration of all the estate which\nby law devolves on and vests in the personal representative of the said deceased was\ncommitted and granted to (lawful ) of the deceased, by the\nGrand Court of the Cayman Islands on the day of , 20 ,\nwhich grant now remains on record, who after intermeddling in the estate and effects,\ndied on or about the day of , 20 ,\nLetters of administration de bonis non of the said estate and effects so left unadministered\nwere granted by the court to (lawful ) be having been first\nsworn well and faithfully to administer the same by paying the just debts of the said\nintestate and distributing the residue of his estate and effects according to law, and to\nexhibit a true and perfect inventory of the said estate and effects so left unadministered,\nand to render a just and true account thereof whenever required by law so to do.\nDate.\n________________________\nClerk of the Court\n\nSCHEDULE\nProbate and Administration Rules\n\nPage 34\nRevised as at 13th day of May, 2008\nc\n\nForm P.A. 14\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nCAVEAT\nLet no grant be sealed in the estate of the late of\n , who died on the day of\n, 20 , without notice to .\nDated this day of , 20 .\nSigned.\nAddress for service.\n\nProbate and Administration Rules\nSCHEDULE\n\nc\nRevised as at 13th day of May, 2008\nPage 35\n\nForm P.A. 15\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nOBJECTION TO CAVEAT\nTO The Clerk of the Court\nEnter a warning, on my behalf in respect of the caveat lodged by on the\nday of , 20 , in the above cause.\nDated.\n____________________\nObjector\nAddress for service.\n\nSCHEDULE\nProbate and Administration Rules\n\nPage 36\nRevised as at 13th day of May, 2008\nc\n\nForm P.A. 16\nCAYMAN ISLANDS\nIN THE GRAND COURT Cause No.\nProbate and Administration No.\nWARNING TO CAVEATOR\nTO of\na party who has entered a caveat in the estate of the late .\nYou are hereby warned, within eight days after service hereof upon you, inclusive the day\nof such service \u2014\n(a)\nto enter an appearance in person or by your attorney-at-law in the Probate\nRegistry setting forth what interest you have in the estate of the abovenamed; or\n(b) to issue and serve a summons for directions showing cause against the\nissue of a grant in the premises.\nIn default of you so doing, the court may issue a grant notwithstanding your caveat.\nDated.\n__________________________\nClerk of the Court\nIssued at the instance of .\nPublication in consolidated and revised form authorised by the Governor in Cabinet\nthis 13th day of May, 2008.\nCarmena Watler\nClerk of Cabinet","akn_extracted_at":"2026-06-22 15:38:02.523706+00","cms_id":"1977-0027","law_type":"subordinate","year":"1977","number":"27","title":"1977-0027","status":"in_force"},"provenance":{"files":[{"file_id":"20244","expr_id":"8716","kind":"akn_xml","filename":"1977-0027_2008 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/1977\/1977-0027\/1977-0027_2008 Revision.akn.xml","content_md5":"b4ebe70bfbeb2ac6b1db79e9219da00b","byte_size":"57618","http_last_modified":null,"fetched_at":"2026-06-22 15:38:02.591578+00"},{"file_id":"19767","expr_id":"8716","kind":"pristine_pdf","filename":"1977-0027_2008 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/1977\/1977-0027\/1977-0027_2008 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/1977\/1977-0027\/1977-0027_2008 Revision.pdf","content_md5":"1b83869bfdb132e5948c14a24013878f","byte_size":"684443","http_last_modified":"2025-05-27 01:46:03+00","fetched_at":"2026-06-21 23:11:41.157234+00"},{"file_id":"19768","expr_id":"8716","kind":"working_pdf","filename":"1977-0027_2008 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/1977\/1977-0027\/1977-0027_2008 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/1977\/1977-0027\/1977-0027_2008 Revision.pdf","content_md5":"1b83869bfdb132e5948c14a24013878f","byte_size":"684443","http_last_modified":"2025-05-27 01:46:03+00","fetched_at":"2026-06-21 23:11:41.157234+00"}],"paragraph_count":40,"latest_history":null},"quality":{"expr_id":"8716","doc_id":"8691","quality_state":"known_issue","quality_score":"51","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows likely truncation at final form and stray 'c' characters; 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