Schedule
FORM P1
(Rule 7(1), 8(1)(a), 9(1)(a), 13(1)(a))
APPLICATION FOR GRANT
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
Application is hereby made to the Registrar by |
(full names of applicant) of (address) (occupation) in (state/territory) — |
(a) For a Grant of Probate of the Will of the above named deceased who died on the |
day of 19/20 without revoking a will bearing the |
date of day of 19/20 |
wherein the applicant(s) is/are named sole executor/executors. |
OR |
(b) For a Grant of Letters of Administration with the Will Annexed of the above named deceased who died on the day of |
19/20 without revoking a will bearing the date of |
day of 19/20 wherein the applicant is (show |
applicant's entitlement to grant). |
OR |
(c) For a Grant of Letters of Administration to the applicant who is (state capacity of applicant) of the deceased, the deceased having died intestate on the |
day of 19/20 . |
Dated this day of 20 . |
Filed by [ ]Attorneys-at-Law/Propounder/Administrator |
The Registry is at (address), telephone number , fax |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public Holidays. |
FORM P2
(Rule 7(1), 62(3))
NOTICE OF APPLICATION
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
TAKE NOTICE that I/we intend to apply to the (Registrar) (judge) at the High Court, (address) on the day of 19/20 , at a.m./p.m. for — |
|
(a) Directions |
(b) An order that (set out terms of order sought) |
The grounds of this application are — |
(set out grounds of application) |
A draft of the order sought is attached. |
AND FURTHER TAKE NOTICE that if you do not attend at the time and place stated above, the Court may make such order as it thinks fit in your absence. |
Dated |
Signed |
Attorneys-at-Law/Propounder/Administrator |
The applicant's address for service is: |
The Registry is at (address), telephone number , fax . |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public Holidays. |
FORM P3
(Rule 8(1)(c))
OATH OF EXECUTORS
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
I/We |
1. (full names of executor) of (address) (occupation) |
2. (full names of executor) of (address) (occupation) |
3. (full names of executor) of (address) (occupation) make oath and say [do solemnly and sincerely affirm] that — |
(1) I/We believe the annexed paper writing marked “A” to contain the true and original last Will and Testament [and codicil] of the deceased (name of deceased) |
who died on day of 19/20 , |
at (address) domiciled in (State/Territory) |
(2) The annexed document marked “B” is a certified copy of the death certificate of the deceased. |
(3) I am/We are the executor(s) [one/some of the executors] therein named. |
(4) Notice was given to the executors to whom power has been reserved namely (names) on day of , 19/20 |
(5) The [certified copy of the death certificate of] [renunciation of probate made by] (name of executor who has died or renounced probate) is annexed and marked “C”. |
(6) I/We will faithfully collect, get in and administer according to law all the real and personal estate of the deceased. |
(7) I/We will render a just and true account of my/our executorship whenever required by law to do so. |
(8) To the best of my/our knowledge, information and belief, the said estate amounts in gross value to the sum of ($ amount/$ valuation range) and no more. |
(9) The annexed document marked “D” is a true Declaration and Account of the Estate of the deceased. |
Sworn/Affirmed at on the | |
day of 20 | (signed) |
Before me, |
|
Commissioner for Oaths/Notary Public/Notary Royal |
Filed by: | Attorneys-at-Law/Propounder whose address for service is |
FORM P4
(Rule 9(1)(c))
OATH OF ADMINISTRATORS WITH THE WILL ANNEXED
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
I/We |
1. (full names of administrator) of (address) (occupation) |
2. (full names of administrator) of (address) (occupation) |
3. (full names of administrator) of (address) (occupation) make oath and say [do solemnly and sincerely affirm] that — |
(1) I/We believe the annexed paper writing marked “A” to contain the true and original last Will and Testament [and codicil] of the deceased (name of deceased) |
who died on day of 19/20 , |
at (address) domiciled in (state/territory). |
(2) The annexed document marked “B” is a certified copy of the death certificate of the deceased. |
(3) There is [a] [no] minority and [a] [no] life interest in the estate of the deceased. |
(4) The executor(s) named in the will [died without having taken probate of the will and the certified copy of his/her/their death certificates are] [renounced probate of the will and a certified copy of the renunciation is] annexed and marked “C”.* |
(5) I am/We are the (show entitlement to grant, e.g. the residuary legatees and devisees named in the will) of the deceased and, to the best of my/our knowledge information and belief, there is no other person entitled in priority to a grant of letters of administration with the will annexed. |
(6) I/We will faithfully collect, get in and administer according to law all the real and personal estate of the deceased. |
(7) I/We will render a just and true account of my/our administration whenever required by law to do so. |
(8) To the best of my/our knowledge, information and belief, the said estate amounts in gross value to the sum of ($ amount/$valuation range) and no more. |
(9) The annexed document marked “D” is a true Declaration and Account of the Estate of the deceased. |
Sworn/Affirmed at on the | |
day of 20 | (signed) |
Before me, |
|
Commissioner for Oaths/Notary Public/Notary Royal |
Filed by | Attorneys-at-Law/Administrator whose |
address for service is [ ] |
*Where the executor has been cleared off by citation to accept or refuse a grant, the following paragraphs should be substituted for paragraph (4) and the succeeding paragraphs sequentially renumbered) — |
(4) (full names of executor), the executor named in the will, has been cited to accept or refuse a grant of probate of the estate of the deceased. |
(5) In default of acknowledgment of service of (name of executor) to the citation, it was |
ordered by Mr. Registrar (name) on the day of 20 , |
that letters of administration with will annexed of the deceased's estate be granted to me/us and a certified copy of the said order is annexed and marked “C”. |
Where the executor has been cleared off by citation to take probate, the following paragraphs should be substituted for paragraph (4) and the succeeding paragraphs sequentially renumbered) — |
(4) (full names of executor) named in the will has been cited to take a grant of probate of the estate of the deceased. |
(5) In default of acknowledgment of service of (name of executor) to the citation, it was |
ordered by Mr. Registrar (name) on the day of 20 , |
that letters of administration with will annexed of the deceased's estate be granted to me/us and a certified copy of the said order is annexed and marked “C”. |
FORM P5
(Rule 13(1)(c))
OATH OF ADMINISTRATORS
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
I/We |
1. (full names of administrator) of (address) (occupation) |
2. (full names of administrator) of (address) (occupation) |
3. (full names of administrator) of (address) (occupation) make oath and say [do solemnly and sincerely affirm] that — |
(1) (full name of deceased), late of (address), deceased died intestate on the |
day of 20 , domiciled in (state/territory) a (state status |
of deceased, e.g. spinster, widower and where necessary, account for any class entitled in priority to the applicant(s), eg. “without issue or parent”.) |
(2) The annexed document marked “A” is a certified copy of the death certificate of the deceased. |
(3) There is [a] [no] minority and [a] [no] life interest in the estate of the deceased. |
(4) I am/We are the (state relationship to deceased showing entitlement to grant) of the deceased and to the best of my/our knowledge information and belief there is no other person entitled in priority to share in his or her estate by virtue of any enactment. |
(5) I/We will faithfully collect, get in and administer according to law the real and personal estate of the deceased. |
(6) I/We will render a just and true account of my/our administration whenever required by law to do so. |
(7) To the best of my/our knowledge, information and belief, the said estate amounts in gross value to the sum of ($ amount/$valuation range) and no more. |
(8) The annexed document marked “D” is a true Declaration and Account of the Estate of the deceased. |
Sworn/Affirmed at on the | |
day of 20 | (signed) |
Before me, |
|
Commissioner for Oaths/Notary Public/Notary Royal |
Filed by | Attorneys-at-Law/Administrator whose |
address for service is |
FORM P6
(Rules 8(1)(g), 9(1)(g), 13(1)(e),30(3)(f), 52(4)(a), 56(2)(c), 57(2)(c), 58(1)(c))
DECLARATION AND ACCOUNT OF ESTATE
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
A true Declaration and Account of all the Estate which by Law devolves to and vests in the personal representative(s) of (full names of deceased) who died on the |
day of 19/20 at (state/territory) which has since his or her |
death come into the hands possession or knowledge of the personal representative(s) of (name of deceased) made and exhibited upon by virtue of the oath of the same (full name(s) of personal representative(s)). |
Description of Property | Value |
Cash in hand | |
Cash in bank (name of bank or banks and amount in each) | |
Shares (name of company or companies and number in each) | |
Household goods, furniture, plate, linen, china, jewellery, etc. | |
Policies of Insurance (name of company or companies and amount in each) | |
Land at (SEE VALUATION(S) ATTACHED) | |
Other Personal property not comprised under foregoing heads (description) | |
Deduction, viz: | |
(a) Funeral expenses $ | |
(b) Bona fide debts $ | |
Total Value | $ |
This Declarant further declares that no Estate devolving to or vesting as aforesaid in the personal representative(s) of the deceased has at any time since his or her death come into the hands, possession or knowledge of this/these Declarant(s), save as herein before set forth. |
On the day of 20 the said (full name(s) |
of personal representative(s)) to the truth of the above Declaration at (address) was sworn/affirmed in (state/territory) Before me, |
| |
Commissioner for Oaths/ Notary Public/Notary Royal | Declarant(s) |
FORM P6A
(Rules 8(1)(g), 9(1)(g), 13(1)(e), 30(3)(f),
52(4)(a), 56(2)(c), 57(2)(c), 58(1)(c))
DECLARATION AND ACCOUNT OF ESTATE
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
The Territory of the Virgin Islands |
In the Estate of (full names) late of (address), deceased. |
A true Declaration and Account of all the Estate which by Law devolves to and vests in the personal representative(s) of (full names of deceased) who died on the |
day of 20 at (state/territory) which has since his or her death |
come into the hands possession or knowledge of the personal representative(s) of (name of deceased) made and exhibited upon by virtue of the oath of the same (full name(s) of personal representative(s)). |
(a) | Below $50,000 | |
(b) | $50,001 - $250,000 | |
(c) | $250,001 - $500,000 | |
(d) | $500,001 - $1,000,000 | |
(e) | $1,000,001 - $5,000,000 | |
(f) | Over $5,000,000 | |
This Declarant further declares that no Estate devolving to or vesting as aforesaid in the personal representative(s) of the deceased has at any time since his or her death come into the hands, possession or knowledge of this/these Declarant(s), save as herein before set forth. |
On the day of 20 the said (full name(s) of personal |
representative(s)) to the truth of the above Declaration at (address) was sworn/affirmed in (state/territory) |
Before me, |
| |
Commissioner for Oaths/ | Notary Public/Notary Royal Declarant(s) |
FORM P7
(Rule 15)
ADVERTISEMENT OF APPLICATION FOR GRANT
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased |
TAKE NOTICE that an application has been filed by [Name] of [address] for a Grant of |
(a) Probate of the Will of the above named deceased who died on the |
day of 19/20 without revoking a will bearing |
the date of day of 20 |
wherein the applicant(s) is/are named sole executor/executors. |
OR |
(b) Letters of Administration with the Will Annexed of the above named deceased |
who died on the day of 19/20 |
without revoking a will bearing the date of day of 19/20 |
wherein the applicant is (show applicant's entitlement to grant). |
OR |
(c) Letters of Administration to the applicant who is (state capacity of applicant) of the deceased, the deceased having died intestate on the |
day of 19/20 |
Any person having an objection to the grant of Probate/Letters of Administration to the application shall file an objection within 14 days of the publication of this Notice. |
Dated this day of 20 |
Filed by | |
Attorneys-at Law/Propounder/Administrator whose address for service is |
|
[FIRST/SECOND PUBLICATION]
FORM P8
(Rule 17(1)(a)(i))
AFFIDAVIT OF DUE EXECUTION
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
I (full names of attesting witness) of (address) make oath and say [do solemnly and sincerely affirm] that — |
(1) I am one of the attesting witnesses to the [last Will and Testament] [and codicil] of the deceased, (full names) deceased. The said [will] [codicil] is hereto exhibited and marked “A”. |
(2) The deceased executed the said [will] [codicil] on the day of the date thereof by [signing his or her name (at the foot or end thereof) (in the attestation clause thereof) as it now appears] |
OR |
[acknowledging his or her signature by referring to it and pointing to it at the foot or the end of it as it now appears (or state other position)] |
OR |
[by making his or her mark at the foot or at the end of it as now appears (or state other position)] |
OR |
By (name of subscribing witness) signing the testator's name [or his or her own name] at the foot or end thereof as it now appears, meaning and intending the same to be his or her final signature of the [will] [codicil] in the presence of (name of other witness) and me, both of us being present at the same time and we therefore attested and subscribed the said [will] [codicil] in the presence of the deceased [and in the presence of each other].* |
Sworn/Affirmed at on the | |
day of 20 | (signed) |
Before me, |
| |
Commissioner for Oaths | |
Filed by | |
Attorneys-at Law/Propounder/whose address for service is |
*This additional recital must be included in the case of Saint. Lucia |
FORM P9
(Rule 17(1)(b)(i))
AFFIDAVIT AS TO HANDWRITING
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
I (full names) of (address) (occupation) make oath and say [do solemnly and sincerely affirm] that — |
(1) I knew and was well acquainted with the deceased (full names) late of (address), |
deceased who died on the day of 20 , for |
(state period) prior to his or her death. |
(2) During the period I have frequently seen him or her write and also sign his or her name so that I am well acquainted with the manner and character of his or her handwriting and signature. |
(3) I have carefully perused and inspected the paper writing produced to me marked “A”, purporting to be and contain the [last Will and Testament] [codicil] of the said |
deceased dated the day of 19/20 |
(4) I verily believe the signature (set out mode of signature) to the said [will] [codicil] to be the true and proper handwriting and signature of the said deceased. |
Sworn/Affirmed on the | |
day of 20 | (signed) |
Before me, |
| |
Commissioner for Oaths | |
Filed by | |
Attorneys-at-Law/Propounder whose address for service is |
FORM P10
(Rule 18(1)(a))
MARKING OF WILL
(a) Executor or Administrator's Oath |
“A” |
This is the paper writing referred to in the Oath of (full names of executor(s)/ |
administrator(s)) [sworn] [affirmed] the day of 20 as |
containing the true and original last Will and Testament [and codicil] of (names of deceased) late of (address) (occupation of deceased) bearing date the |
day of 19/20 and marked “A” for identification. |
| |
Signed: (executor(s)/administrator(s)) | Signed: Notary Royal/Notary Public/ Commissioner for Oaths |
(b) Affidavit by attesting witness etc. |
“A” |
This is the paper writing referred to in the [affidavit] [affirmation] of (full names of executor(s) or attesting witness) [sworn] [affirmed] the |
day of 20 as containing the true and original last Will and |
Testament [and codicil] of (name of deceased) late of (address) (occupation of deceased) |
bearing date the day of 19/20 and marked “A” for identification. |
| |
Signed (deponent) | Signed |
| Notary Royal/Notary Public/ Commissioner for Oaths |
FORM P11
(Rule 22(2))
AFFIDAVIT OF PLIGHT AND CONDITION AND FINDING
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
(Probate)
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
I (full names of executor/administrator) of (address), make oath and say [do solemnly and sincerely affirm] that — |
(1) I am the/one of the (state whether executor(s)/administrator(s)) of the estate of (full names), late of (address), deceased. |
(2) The annexed paper writing marked “A” to the best of my information and belief contains the [last Will and Testament] [and codicil] of (name of deceased) late of (address) deceased, the said Will being dated the |
day of 19/20 |
(3) I have viewed and perused the said [will] [and codicil] and particularly observed [here recite the various obliterations, interlineations, erasures, and alterations (if any), or describe the plight and condition of the will, or any other matters requiring to be accounted for, and set forth the finding of the will in its present state, and, if possible, trace the will from the possession of the deceased in his or her lifetime up to the time of making the affidavit]. |
(4) The [will] [and codicil] is now in all respects in the same state, plight and condition as when found [or as the case may be] by me as stated above. |
Sworn/Affirmed at on the | |
day of 20 | (signed) |
Before me, |
|
Commissioner for Oaths/Notary Public/Notary Royal |
Filed by |
Attorneys-at-Law/Propounder/Administrator whose address for service is |
|
FORM P12
(Rule 23(1))
RENUNCIATION OF PROBATE
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
WHEREAS (full names), late of (address), deceased, died on the day |
of 19/20 and, |
WHEREAS by his or her last Will and Testament [and codicil] dated the |
day of 19/20 he appointed me/us (full names of appointed |
executor(s)) of (address) executor(s) [and residuary legatee(s) and devisee(s)]* |
NOW I/We hereby DECLARE that I/We: |
(a) have not intermeddled in the estate of the said deceased; and |
(b) will not hereafter do so with intent to defraud creditors; |
and I/We hereby renounce all my/our right and title to the probate and execution of the said will [and to letters of administration with the said will annexed of the estate of the said deceased].* |
IN WITNESS WHEREOF I/We have set my/our hand(s) and seal(s) this |
day of 20 |
| |
Signed, sealed and delivered by the said (full names) in the presence of (witness) | (signed) |
Filed by | |
Attorneys-at-Law/Propounder whose address for service is |
*These words must be included in the form where the executor is also entitled in a lower character under rule 23(2) and has to be cleared off in that character by the applicant for the grant. |
FORM P13
(Rule 23(3))
RENUNCIATION OF ADMINISTRATION WITH WILL ANNEXED
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
WHEREAS (full name) late of (address), deceased, died on the day of |
19/20 , and |
WHEREAS by his or her last Will and Testament [and codicil] dated the day of |
19/20 , he appointed me/us (full names) as residuary legatee(s) |
and devisee(s) (or as the case may be). |
NOW I/We the said (full names) of (address) hereby DECLARE that I/We hereby renounce all my/our right and title to a grant of letters of administration with the will annexed of the estate of the deceased. |
IN WITNESS WHEREOF I/We have set my/our hand(s) and seal(s) this day of |
20 |
| |
Signed, sealed and delivered by the said (full names) in the presence of (witness) | (signed) |
Filed by | |
Attorneys-at-Law/Propounder/Administrator whose address for service is |
|
FORM P14
(Rule 23(3))
RENUNCIATION OF ADMINISTRATION
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
WHEREAS (full names) late of (address), deceased, died on the day of |
20 , intestate, and |
WHEREAS I/We (full names of renunciant(s)) of (address) am/are (state relationship to the deceased and capacity in which entitled to administration) of the deceased, |
NOW I/We hereby renounce all my/our right and title to a grant of letters of administration of the estate of the said deceased, |
IN WITNESS WHEREOF I/We have set my/our hand(s) and seal(s) this day |
of 20 |
| |
Signed, sealed and delivered by the said (full names) in the presence of (witness) | (signed) |
Filed by | |
Attorneys-at-Law/Administrator whose address for service is |
FORM P15
(Rule 25(3))
NOTICE OF INTENTION TO MAKE APPLICATION FOR GRANT
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
(Probate)
[State/Territory] |
In the Estate of (full names) late of (address), deceased |
Notice is given that after the expiration of fourteen days application will be made to the Registrar of the Supreme Court for a Grant of — |
(a) Probate of the Will of the above named deceased of [address] who died on the |
day of 19/20 without revoking a will bearing the |
date of day of 19/20 wherein the |
applicant(s) is/are named sole executor/executors. |
OR |
(b) Letters of Administration with the Will Annexed of the above named deceased of |
[address] who died on the day of 19/20 |
without revoking a will bearing the date of day of |
19/20 wherein the applicant is (show applicant's entitlement to grant). |
OR |
(c) Letters of Administration to the applicant who is (state capacity of applicant) of the deceased, of [address] having died intestate on the |
day of 19/20 |
Dated this day of 20 |
Filed by Attorneys-at Law/Propounder/Administrator |
whose address for service is |
FORM P16
(Rule 30(2))
ADVERTISEMENT (RESEALING)
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of |
(full names) late of (address), deceased. |
Notice is given that after the expiration of 8 days application will be made to the Registrar of the Supreme Court for the resealing of the [probate] [grant of letters of administration of the estate] of (full names of deceased) late of (address) granted by the |
Court at (address) on the day of 20 |
Signed: |
|
Attorney-at-Law for/Propounder/Administrator |
FORM P17
(Rule 30(3)(a))
APPLICATION TO RESEAL GRANT
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
I/We (full names of applicant(s)) of (address) make oath and say [do solemnly and sincerely affirm] that — |
(1) A grant of probate of the last Will and Testament [grant of letters of administration of the estate] of (full names of deceased) late of (address), deceased was granted to me (or full names of executor(s) or administrator(s) where application made by agent) by the |
Court at on the day of 19/20 |
(2) A copy of the will to which the grant relates is annexed and marked “A”. |
(3) A certified copy of the said grant is annexed and marked “B”. |
(4) At the date of his or her death the deceased was domiciled in (state place) |
(5) The annexed notice marked “B” was inserted in the (name of newspaper) on the |
day of 20 |
(6) [I am the agent lawfully appointed by the said (full names of executor(s)/administrator(s)) and am authorized to apply to this Court to reseal the said grant] |
(7) To the best of my/our knowledge information and belief, the value of the estate amounts in value in the sum of ($ amount/$valuation range) and no more. |
| |
Sworn/Affirmed at on the | (signed) |
day of 19/20 | |
Before me, |
|
Commissioner for Oaths/Notary Public/Notary Royal/ |
Filed by | |
Attorneys-at-Law/Propounder/Administrator whose address for service is |
|
FORM P18
(Rule 31(2), (3))
APPLICATION FOR AN ORDER FOR AMENDMENT OF A GRANT
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased |
Application is hereby made to the Registrar by (full names of applicant) of (address) (occupation) in (state/territory) for an order amending a grant issued on the |
day of for — |
(a) Probate of the Will of the above named deceased who died on the |
day of 19/20 without revoking a will bearing the date |
of day of 19/20 wherein the applicant(s) |
is/are named sole executor/executors |
OR |
(b) Letters of Administration with the Will Annexed of the above named deceased |
who died on the day of 19/20 |
without revoking a will bearing the date of day of |
19/20 wherein the applicant is (show applicant's entitlement to grant) |
OR |
(c) Letters of Administration to the applicant who is (state capacity of applicant) of the deceased, the deceased having died intestate on the |
day of 19/20 |
The nature of the application for amendment is — |
Dated this day of 20 |
Filed by | |
Attorneys-at-Law/Propounder/Administrator whose address for service is |
|
FORM P19
(Rule 31(4))
APPLICATION FOR REVOCATION OF A GRANT
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased |
Application is hereby made to the Registrar by (full names of applicant) of (address) (occupation) in (State/Territory) for revocation of a grant issued on the |
day of for — |
(a) Probate of the Will of the above named deceased who died on the |
day of 20 (without revoking a will bearing the date |
of) day of 20 wherein the applicant(s) |
is/are named sole executor/executors |
OR |
(b) Letters of Administration with the Will Annexed of the above named deceased |
who died on the day of 20 (without |
revoking a will bearing the date of) day of 20 |
wherein the applicant is (show applicant's entitlement to grant). |
OR |
(c) Letters of Administration to the applicant who is (state capacity of applicant) of the deceased, the deceased having died intestate on the |
day of 20 |
Dated this day of 20 |
Filed by | |
Attorneys-at Law/Propounder/Administrator whose address for service is |
|
FORM P20
(Rule 61(1))*
CAVEAT
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
Let no grant be sealed in the Estate of (full names), late of (address), deceased who died |
on the day of 19/20 without notice to (name of |
person on whose behalf caveat entered). |
Dated this day of 20 |
| |
(Signed) | |
(to be signed by the caveator or his or her Attorney-at-Law) |
whose address for service is |
[Attorney-at-Law for the said (name of caveator)] [in person] |
*In Saint Lucia, Articles 1027(1) and 1029(3)(b), Code of Civil Procedure, Cap. 4.01A, Part Sixth, which require an address within one mile of the Registry shall not apply. |
FORM P21
(Rule 62(1))
WARNING TO CAVEATOR
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
To (full names of caveator) of (address) a party who has entered a caveat in the estate of the above named deceased. |
You have fourteen days (starting on the day on which this warning was served on you) |
(a) to file an acknowledgment of service either in person or by your Attorney-at-law at the registry setting out what interest you have in the estate of the above-named deceased contrary to the party at whose instance this warning is issued; or |
(b) if you have no contrary interest but wish to show cause against the sealing of a grant to such party, to issue and serve a notice of application for directions by the registrar. |
If you fail to do either of these, the Court may proceed to issue a grant of probate or letters of administration in the said estate notwithstanding your caveat. |
Dated the day of 19/20 |
Issued at the instance of |
[here set out the name and interest (including the date of the will or codicil, if any, under which the interest arises) of the party warning, the name of his or her Attorney-at-law and the address for service, if the party warning is acting in person this must be stated.] |
| |
Registrar | |
The Registry is at (address) telephone number , fax |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public Holidays. |
FORM P22
(Rules 62(2), 65(8), 66(5), 69(3))
ACKNOWLEDGMENT OF SERVICE
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names), late of (address), deceased. |
[Caveat no. dated the day of 20 ] |
[Citation dated the day of 20 ] |
Full names and address of person warning [or citor] |
(here set out the interest of the person warning or citor as shown in the warning or citation) |
Full names and address of caveator [or person cited] |
(here set out the interest of the caveator or person cited, stating the date of the will (if any) under which such interest arises) |
The above-named [caveator] [or person cited] acknowledges service of the [warning] [citation] dated on the day of 20 |
| |
(signed) | |
[Attorney-at-Law for the] [the caveator] [person cited] [in person] whose address for service is |
This acknowledgement of service must be filed at the registry and a copy served on the person warning or citor |
The Registry is at (address) telephone number , fax |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public Holidays. |
FORM P23
(Rule 66(1))
CITATION TO ACCEPT OR REFUSE PROBATE
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
To (full names of citee, of (address) |
WHEREAS it appears by the [affidavit] [affirmation] of (full names of citor) [sworn] |
[affirmed] the day of 20 , that (full |
names of deceased) of (address) died on the day of |
19/20 domiciled in (state/territory), having made and executed his or |
her last will and testament [and codicil] dated the day of |
19/20 , and thereof appointed you (name of citee), executor, and |
WHEREAS it appears by the said [affidavit] [affirmation] that (name of citor) is the (state status of citor e.g. residuary legatee and devisee). |
Now this is to command you (name of citee) that within 14 days after service hereof on you, inclusive of the day of such service, you file an acknowledgement of service in the registry and accept or refuse probate of the said will or show cause why letters of administration with will annexed of all the estate which by law devolves to and vests in the personal representative of the said deceased should not be granted to (name of citor.) And take notice that in default of your failing to acknowledge service of the citation and accepting and extracting probate of the will of the deceased, our Court will proceed to grant letters of administration with the will annexed of the estate to (name of citor), your absence notwithstanding. |
Dated at (address) this day of 20 |
Issued at the instance | |
of | Registrar |
(name of citor) | |
The Registry is at (address) telephone number , fax |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public Holidays. |
FORM P24
(Rule 66(1))
CITATION TO ACCEPT OR REFUSE ADMINISTRATION
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names), late of (address), deceased. |
To (full names of citee) of (address) |
WHEREAS it appears by an [affidavit] [affirmation] of (full names of citor,) [sworn] |
[affirmed] the day of 20 , that (full names of deceased), |
of (address) died on the day of 19/20 domiciled in (state/ |
territory), intestate, leaving you (relationship of citee to deceased) and one of the persons entitled to share in his or her estate, and |
WHEREAS it further appears by the said [affidavit] [affirmation] that (name of citor) is the (state relationship of citor to the deceased) and one of the persons entitled to share in the estate of the deceased. |
Now this is to command you (name of citee) that within fourteen days after service hereof on you, inclusive of the day of such service, you file an acknowledgement of service at the registry and accept or refuse letters of administration of all the estate which by law devolves to and vests in the personal representative of the deceased. And take notice that in default of your failing to acknowledge service of the citation and accepting and extracting letters of administration in the estate of (name of deceased) our Court will proceed to grant letters of administration of the estate to (name of citor), your absence notwithstanding. |
Dated at (address) this day of 20 |
Issued at the instance | |
of | Registrar |
(name of citor) | |
The Registry is at (address) telephone number , fax |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public Holidays. |
FORM P25
(Rule 66(2))
CITATION, BY EXECUTOR OF EXECUTOR, AGAINST EXECUTOR TO WHOM POWER WAS RESERVED, TO ACCEPT OR REFUSE PROBATE
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names), late of (address), deceased. |
To (full names of citee, of (address) |
WHEREAS it appears by the [affidavit] [affirmation] of (full names of citor) [sworn] |
[affirmed] the day of 20 , that probate of the will of |
(full names), late of (address), deceased, was on the day of 19/20 , |
granted by our High Court of Justice at the registry to (full names of proving executor), one of the executors named therein, power being reserved of making a like grant to (name of citee) the other executor named therein, and |
WHEREAS it further appears by the said [affidavit] [affirmation] that the said (name of |
proving executor) died on the day of 19/20 , |
leaving part of the estate of the said deceased unadministered and that on the |
day of 19/20 , probate of the will of the said (full name of proving |
executor); deceased was granted by our Court at the registry to the said (full name of citor), the sole executor thereof: |
Now this is to command you the said (full name of citee) that within 14 days after service hereof on you, inclusive of the day of such service, you do file an acknowledgment of service at the registry and accept or refuse probate of the will of the said (full names), deceased. And take notice that, in default of your failing to acknowledge service of the citation and accepting and extracting probate of the said will, your rights as such executor will wholly cease, and the representation to the said (full names), deceased, will devolve as if you had not been appointed executor. |
Dated at (address) this day of 20 , |
Issued at the instance | |
of | Registrar |
(name of citor) | |
The Registry is at (address) telephone number , fax |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public Holidays. |
FORM P26
(Rule 66(3))
CITATION TO TAKE PROBATE AGAINST AN EXECUTOR WHO HAS INTERMEDDLED
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
To (full names of citee), of (address) |
WHEREAS it appears by the [affidavit] [affirmation] of (full names of citor) [sworn] |
[affirmed] the day of , 20 , that (full names of |
deceased), late of (address) died on the day of 19/20 |
domiciled in (state territory) having made and executed his or her last will and testament |
[and codicil] dated the day of 19/20 , and thereof appointed |
you (name of citee), sole executor (or last surviving executor as the case may be). And that (name of citor) is interested in the estate of the deceased under the said will [and codicil] and |
WHEREAS it is alleged in the [affidavit] [affirmation] of (name of citor) that you (name of citee) have intermeddled in the estate of the deceased. Now this is to command you (name of citee) that within 14 days after service hereof on you, inclusive of the day of such service, you file an acknowledgement of service to the citation in the Registry and show cause why you should not be ordered to take probate of the will. |
Dated at (address) this day of , 19/20 |
Issued at the instance | |
of | Registrar |
(name of citor) | |
The Registry is at (address) telephone number , fax |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public Holidays. |
FORM P27
(Rule 69(1))
CITATION TO PROPOUND WILL
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
To (full names of citee), of (address) |
WHEREAS it appears by the [affidavit] [affirmation] of (full names of citor) [sworn] |
[affirmed] the day of 20 , that (full names), |
deceased, late of (address), died on the day of 19/20 |
domiciled in (state/territory), leaving (state the name of the citor and his or her entitlement to the grant, e.g. his or her residuary legatee and devisee) and the person entitled to his or her estate, and |
WHEREAS it appears by the said [affidavit] [affirmation] that the deceased left a certain paper writing purporting to be a will whereby he appointed you the said (name of citee, and state status of citor e.g. executor or residuary, legatee and devisee, as the case may be). |
Now this is to command you (name of citee) that within 14 days after service hereof on you, inclusive of the day of such service, you file an acknowledgement of service in the registry and propound the said paper writing should you think it for your interest so to do, or show cause why letters of administration of all the estate which by law devolves to and vests in the personal representative of the deceased should not be granted to (name of citor). And take notice that in default of your failing to acknowledge service of the citation and doing as aforesaid our Court will proceed to grant letters of administration of the estate to (name of citor), your absence notwithstanding. |
Dated at (address) this day of 20 |
Issued at the instance | |
of | Registrar |
(name of citor) | |
The Registry is at (address) telephone number , fax |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public Holidays. |
FORM P28
(Rule 73(3))
WITNESS SUMMONS TO BRING IN WILL
THE EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
[State/Territory] |
In the Estate of (full names) late of (address), deceased. |
WITNESS SUMMONS |
To (Witness' full names) |
Of (Witness' address) |
WHEREAS it appears from the affidavit of (full names) of (address) that you have in your possession, power or control a document being or purporting to be the [will] [codicil] (specify other testamentary document) of (full names of deceased) (state, if known, the date of the will etc.) |
You are summoned to attend at the Registry at the High Court at (address) within 8 days after the service of this summons and bring in and leave at the registry the said original document. |
If the document is not in your possession, power or control you must within 8 days after service of this summons file at the registry an affidavit to that effect stating what knowledge you have of the document and of in whose possession, power or control it may now be. |
IF YOU DO NOT COMPLY WITH THIS SUMMONS YOU WILL BE GUILTY OF CONTEMPT OF COURT AND MAY BE IMPRISONED |
(SEAL) |
DATED |
This summons was issued on the application of (full names) whose Attorney-at-Law is of |
Tel. Fax. |
The Registry is at (address) telephone number , fax |
The office is open between 9:00 a.m. to 4:00 p.m. Mondays to Thursdays and 9:00 a.m. to 3:00 p.m. on Fridays except Public holidays. |