The Administration of Estates Rules, 1955.
| Form 1. Application for a Grant—(Rule 9). In the District Court of .................................. Probate Jurisdiction. In the matter of.............................of ................................................................, deceased. Application is hereby made to the Court for the grant to me (1) .........................................................of................................of probate of the will (or adminis tration with the will annexed of the property, or administration of the property) (2) of.................................................... who died on the day of....................................... ,19........ , and (2) whose will is dated.......................................................................... and is deposited in the Court. 2. The estimated value of the movable and immovable property of the deceased is as follows: Movables £ Immovables £ 3. The following are to the best of my information and belief all the persons who are entitled to an interest in the estate of the deceased. Names ..................Residence ................... How entitled (as wife, child, etc.).
Address for service : (Signed)…………………………………….
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(1) Insert name of person applying for grant. (2) Strike out inapplicable words. |
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Form 2. The Administration of Estates Rules, 1955. OATH FOR EXECUTOR – ( Rule 11). |
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In the District Court of ...................... Probate Jurisdiction. In the matter of..........................................of......................................................................................., deceased. I,...................................................of,....................................................... make oath and say : That I believe the paper writing hereto annexed, and marked by me, to contain the true and original last will of late of ............................................., deceased, and that I am the executor therein named, and that I will faithfully administer the property of the testator according to law and the tenor of the will; that I will exhibit an inventory of the property and render an account of my executorship whenever lawfully required; that the testator died at on the day of ,........................................... 19....... ; that at the time of his death he had his fixed place of abode at ......................., within the jurisdiction of this Court, and the estimated value of the movable and immovable property of the deceased is as stated in my application for a grant of probate. (Signed) Sworn and signed before me on the ........ day of ........, 19...... ,at ...........
(Signed) Registrar.
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Form 3. The Administration of Estates Rules, 1955. OATH FOR ADMINISTRATOR (WILL ANNEXED) – (RULE 11). |
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In the District Court of ................., Probate Jurisdiction. In the matter of ......................... of .................., deceased. I, ............................ of ........................, make oath and say that I believe the paper writing hereto annexed, and marked by me, to contain the true and original last will of .............................. late of ......................., deceased; that I am the ................................. named therein; that I will faithfully administer the property of the testator according to law and the tenor of the will ; that I will exhibit an inventory and render an account of my administration whenever lawfully required ; that the testator died at ........................ on the ............. day of ..........., 19 ...........; that at the time of his death he had his fixed place of abode at , within the jurisdiction of this Court, and the estimated value of the movable and immovable property of the deceased is as stated in my application for a grant of probate. (Signed) Sworn and signed before me on the .......... day of ............., 19.........., at ........... (Signed) Registrar. |
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Form 4. The Administration of Estates Rules, 1955. AFFIDAVIT OF ATTESTING WITNESS – (Rule 19).
In the District Court of ..................., Probate Jurisdiction. In the matter of ............, of .............., deceased. I, ........................., of ........................., make oath and say that I am one of the subscribing witnesses to the last will of the said ............................, late of ......................, deceased, the said will bearing date the ................. day of ..............., 19............., and having been deposited in the District Court of ......................... on the ................ day of .........., 19................. I further make oath and say that the said testator executed the said will on the day of the date thereof by signing his name as the name now appears thereon, in the presence of me and of ............................ of ........................, the other subscribed witness [es] thereto, we all being present at the same time, and that we thereupon attested and subscribed the said will in the presence of the said testator and in the presence of each other. The estimated, value of the movable property of the deceased is £ .................. The estimated value of the immovable property of the deceased is £ ................ (Signed) Sworn and signed before me on the ....... day of .........., 19..........., at .............., (Signed)
Registrar |
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Form 5. The Administration of Estates Rules, 1955 AFFIDAVIT WHERE ATTESTING WITNESS DEAD OR ABSENT FROM THE COLONY – (Rule 19). |
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In the District Court of ........................., Probate Jurisdiction. In the matter of ................, of ............................., deceased. I, ................, of ...................., (or we, ...................... of ............... and ......................, of .................... having with care and attention inspected the last will of the said ....................... late of ,deceased, the said will bearing date the ..............., day of ..............,19.........., and having been deposited in the District Court of ................. on the ........... day of ..............., 19.............., the said will beginning thus:............................ and ending thus:...................... and being thus subscribed : ......................... and having observed the names .......................... set and subscribed to the said will as witnesses attesting the due execution thereof, make oath and say as follows: 1. I am the (lawful widow or executor, as the case may be), of ..................., testator. 2. I have made inquiries and ascertained that no person or persons was or were present at the execution of the said will, save and except the said testator and the said 3. I knew and was well acquainted with the said testator for many years before his death, and during such period I have frequently seen him write and subscribe his name to writings, and I am well acquainted with the manner and character of his handwriting and signature, and I verily and in my conscience believe the name subscribed to the said will as aforesaid to be of the true and proper handwriting of the said testator. 4. (Here set out the date of the deaths of the attesting witnesses or state that they are absent from the Colony, as the case may be, and state also whether signatures are genuine.) 5. The estimated value of the movable property of the deceased is £ ................. 6. The estimated value of the immovable property of the deceased is £ .......................
(Signed) Sworn and signed before me on the ................ day of ..........., 19........., at ...................
(Signed)
Registrar. |
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Form 6. The Administration of Estates Rules; 1955. OATH FOR ADMINISTRATOR (WITHOUT WILL) – (Rule 21). |
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In the District Court of ..................., Probate Jurisdiction. In the matter of ................, of ....................., deceased. I, ......................., of ...................., make oath and say : That ..................., late of ................., deceased, died intestate and that I am his (a) ........................ , That I will faithfully administer the property of the deceased, according to law; That I will exhibit an' inventory of the property and render an account of my administration as required by law ; That the deceased died at ................. on the ................. day of ................., 19.....................; That at the time of his death he had his fixed place of abode at , within the jurisdiction of this Court; And that the whole of his property amounts in value to the sum of pounds sterling and no more, to the best of my knowledge, information and belief.
(Signed)
Sworn and signed before me on the ............ day of ................ 19 ............., at ......................... (Signed) Registrar. |
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Form 7. The Administration of Estates Rules, 1955. ADMINISTRATION BOND (WILL ANNEXED) – (Rule 22). |
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In the District Court of .......................... , Probate Jurisdiction. In the matter of ..................... of ........................., deceased. Know all men by these presents that we .......................... of ......................, of ..................... and of ............... are jointly and severally bound unto ........................., the probate registrar of the Dictrict Court of ...................., in the sum ............... of pounds sterling, to be paid to the said .......................... or the probate registrar of the said Court for the time being; for which payment we bind ourselves and each of us for himself in the whole, our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the ........... day of .................,19............... The condition of the above-written obligation is such, that if the above- named ..............., the intended administrator with, will annexed of the property of ................. late of ................, deceased, who died on the .......... day of .........., do make a true and perfect inventory of the property of the deceased ............... which has or shall come into his possession, or into the possession of any person for him, and the same so made do exhibit into the District Court of ................., whenever required by law so to do, and the same property and all other the property of the deceased, which shall at any time after the making and exhibition of such inventory come into the possession of the said ............. or of any person for him do well and truly administer (that is to say) do pay the debts which the deceased owed at his death, and then the legacies given by the said will annexed to the said letters of administration, as far as such property will extend, and the law bind him, and all the residue of the said property Shall deliver and pay unto such person or persons as shall be by law entitled thereto; and further, do make a true and just account of his said administration whenever lawfully required, then this obligation shall be void; otherwise, shall remain in full force. Signed, sealed and delivered by the (L.S.)
above-named (L.S.)
in the presence of (L.S.) |
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Form 8. The Administration of Estates Rules, 1955. ADMINISTRATION BOND (WITHOUT WILL) – (Rule 22). |
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In the District Court of ............................. Probate Jurisdiction. In the matter of ............, of ........................., deceased. Know all men by these presents that we................, of ........................, of................................... and ............................ of ............................ are jointly and severally bound unto ......................, the probate registrar of the District Court of ...................................... , in the sum of ................................. pounds sterling, to be paid to the said ......................................... or the probate registrar of the said Court for the time being; for which payment we bind ourselves and each of us for himself in the whole, our and each of our heirs, executors and administrators, firmly by these presents. Sealed with our seals. Dated the ................. day of ................., 19............ The condition of the above-written obligation is such, that if the above- named ................., the intended administrator of the property of.............. late of ....................., deceased, who died on the ........... day of............, 19.........., do make a true and perfect inventory of the property of the deceased which has or shall come into his possession, or into the possession of any person for .................... and the same so made do exhibit into the District Court of ..................... whenever required by law so to do ; and the same property and all other the property of the deceased, which shall at any time after the making and exhibition of such inventory come into the possession of the said or of any person for him do well and truly administer according to law (that is to say) do pay the debts which the deceased owed at his death, and all the residue of the said property do deliver and pay to such person or persons as shall be entitled thereto by law, and further do make a true and just account of his administration whenever lawfully required; and in case it shall hereafter appear that any will was made by the deceased, and the probate, then if the said ........................... being thereunto required, duly render and deliver up the letters of administration granted to him, then this obligation shall be void; otherwise, shall remain in full force. Signed, sealed and delivered by the (L.S.)
above-named (L.S.)
in the presence of (L.S.) |
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Form 9. The Administration of Estates Rules, 1955. JUSTIFICATION OF SURETIES – (Rule 22). |
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In the District Court of ...................... Probate Jurisdiction. In the matter of ....................., of ......................, deceased. We .................... of ............................, and ....................... of ........................ severally make oath and say, that we are the proposed sureties in the penal sum of ................. pounds sterling, on behalf of ......................, the intended administrator of the property of ................. late of ............... deceased, for his faithful administration thereof. And I the said ................. for myself, make oath and say, that I am, after payment of all my just debts, well and truly worth in money and effects the sum of ............. pounds sterling. And I the said ......................... for myself, make oath and say, that I am, after payment of all my just debts, well and truly worth in money and effects the sum of .................. pounds sterling. *Sworn and signed before me on the ........... day of ..................., 19........., at ..............., (Signed) Registrar. |
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*If the deponents swear at different times, a separate jurat should be written out for each and his name inserted after the word "Signed", viz.: "Sworn and signed by the above-named A.B.", etc. If, however, all the deponents swear at one time, it will be enough to say "Sworn and signed by all the above-named deponents", etc. |
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Form 10. The Administration of Estates Rules, 1955. NOTICE TO PROHIBIT GRANT-(Rule 24). |
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In the District Court of ........................ Probate Jurisdiction. In the matter of ............................., deceased. Let nothing be done in the matter of ...................., late of ......................, deceased, who died on the ................. day of ............., 19.............., at ..................... , and had at the time of his death his fixed place of abode at .............., within the jurisdiction of this Court, without warning being given to ..............., of ................... Dated this ................ day of ................., 19.............
(Signed) |
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Form 11. The Administration of Estates Rules, 1955. RENUNCIATION OF EXECUTOR- -(Rules 27 and 33) |
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In the District Court of Probate Jurisdiction. In the matter of ..........................., deceased.
having at the time of death ....... fixed .......... place of abode at .................. within the jurisdiction of this Court; and whereas ..................... made and dulu executed his last will dated the ............... day of ................ ,19..... ,and thereof appointed me his executor; Now, I, the said ................., do hereby declare that I have not intermeddled in the property of the deceased, and will not hereafter intermeddle therein, with intent to defraud creditors or any person interested in the administration or distribution of the property of the deceased; and further do hereby expressly renounce all right to probate of the said will and to administration with the said will annexed, of the property of the deceased. In witness whereof I have hereto set my hand this .........day of ..........., 19............. (Signed) Sworn and signed before me on the ...................... day of .............. ,19........., at .......................... (Signed) Registrar. |
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Form 12. The Administration of Estates Rules, 1955. RENUNCIATION OF ADMINISTRATION (WITHOUT WILL) - (Rule 33). |
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In the District Court of Probate Jurisdiction. In the matter of ................. of ........................deceased.
Whereas ....................... late of ........................., deceased died on the ......... day of ................., 19......., at ............................ intestate, having had at the time of his death his fixed place of abode at ..................., within the jurisdiction of this Court; And whereas I, .................., of ......................., am his .........................; Now I, the said ......................., do hereby declare that I have not intermeddled in the property of the deceased; and further do hereby expressly renounce all right to administration thereof. In witness whereof I have hereto set my hand this .............. day of ................., 19.... . (Signed) Sworn and signed before me on the ....... day of ........., 19...., at ............... (Signed) Registrar. |
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Form 13. The Administration of Estates Rules, 1955. ADVERTISEMENT OF APPLICANT FOR GRANT – (Rule 32). |
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In the District Court of .......................... Probate Jurisdiction. A.B., deceased. Notice is hereby given that, after the expiration of eight days, application will be made in die principal probate registry of .......................... for the grant of probate of the will (or letters of administration of the estate) of A.B., late of .................., deceased. Advocate for
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Form 14. The Administration of Estates Rules, 1955. GRANT OF PROBATE – (Rule 35). |
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In the District Court of ........................... Probate Jurisdiction. In the matter of ......................., deceased. Be it known that on the ............. day of ..................., 19.......... , the last will (a copy whereof is hereto annexed) of ........, late of .................., deceased, who died on the .............. day of ...................... , 19......., at ....................., and who at the time of his death had his fixed place of abode at ........................., within the jurisdiction of this Court, was proved and registered in this Court, and that the adminis tration of the property of the said deceased was granted by this Court to ..............................., the executor named in the said will, he having been first duly sworn. Sworn under £ ............... and that the testator died on or about the ........... day of ................., 19............. ……………………… Probate Registrar. |
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Form 15. The Administration of Estates Rules, 1955. GRANT OF LETTERS OF ADMINISTRATION (WITH WILL ANNEXED)-(Rule 35). |
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In the District Court of ................................ Probate Jurisdiction. Be it known that .............................., late of ......................., deceased, who died on the .............. day of ..............., at ............., and who had at the time of his death his fixed place of abode at ..............., within the jurisdiction of this Court, made and duly executed his last will and did therein name ................................. And be it further known that on the day.............. of , 19........., letters of administration with the said will annexed of the property of the deceased were granted by this Court to ..................., he having been first duly sworn. …………………….. Probate Registrar. |
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Form 16. The Administration of Estates Rules, 1955. GRANT OF LETTERS OF ADMINISTRATION (WITH NO WILL ANNEXED) – (Rule 35). |
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In the District Court of ............................. Probate Jurisdiction. Be it known that on the ................day of ................. , 19..............., letters of administration of the property ........... of , late of ........... ,deceased, who died on the ............... day of .................. , 19........, at ..........., intestate, and who had at the time of his death his fixed place of abode at ................ , within the jurisdiction of this Court, were granted by this Court to ....................... of ................., the ................. of the said intestate, he having 'been first duly sworn. Sworn under £...................... and that the intestate died on or about the day of ..........., 19............ …………………………. Probate Registrar.
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Form 17. The Administration of Estates Rules, 1955. OATH ON FILING INVENTORY -(Rule 36). |
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In the District Court of............................ Probate Jurisdiction. In the matter of ......................, deceased. I, ................ of ........................, as executor/administrator of ........................., who died on the ................ day of ...................., 19........., and who had at the time of his death his fixed place of abode at ................, within the jurisdiction of this Court, declare that- (1) The said deceased at the time of his death was possessed or entitled to the properties mentioned in the Inventory attached hereto ; (2) No property of the said deceased has at any time come to my possession or knowledge save as is set forth in the said Inventory.
(Signed) Sworn and signed before me on the ................. day of .................., 19.........., at .............................. (Signed) Registrar. |
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Form 18. The Administration of Estates Rules, 1955. RENUNCIATION OF ESTATE – (Rule 37). |
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In the District Court of ............................. Probate Jurisdiction. In the matter of ................... late of ........................., deceased. Whereas .................... late of ......................., deceased, died on the ............. day of ................., 19..........., at having at the time of his death his fixed place of abode at ................., within the jurisdiction of this Court; , And whereas I ...................... of .................................., am his lawful child/next of kin ; Now, I, the said ................................, do hereby expressly renounce my right to inherit from the said deceased. In witness whereof I have hereunto set my hand this ...................... day of ....................., 19......... (Signature) Signed in the presence of ........................ |
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Form 19. The Administration of Estates Rules, 1955. NOTICE TO WITHDRAW CAVEAT – (Rule 38). |
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In the District Court of .......................... Probate Jurisdiction. In the matter of.................., late of ...................., deceased. To ............... of ...................... You are hereby warned that unless you, by notice filed in this registry or in the principal probate registry, Nicosia, withdraw the caveat entered by you against the application of A.B, for a grant of ......................... to the estate of the abovenamed deceased, the applicant A.B. shall be at liberty to bring an action against you claiming a grant of ............ This notice is issued at the instance of the said A.B. Dated at ................, this ............... day of ................, 19........... (Signed) Probate Registrar. |