3. (1) Any will to be deposited must be delivered to the probate registrar by the testator in person.
(2) In case the testator is not personally known to the probate registrar he must be identified by affidavit sworn by someone personally known to the probate registrar. No fee shall be charged for this affidavit.
(3) The will must be delivered enclosed in an envelope, which may be obtained from the probate registrar free of charge.
(4) The envelope in which the will is enclosed shall be sealed by the probate registrar with the seal of the Court.
4.-(1) The testator shall, in the presence of the probate registrar, sign his name or (if illiterate) put his mark to an endorsement on the envelope in which the will is enclosed, to the following effect :—
"This sealed packet contains the last will, or codicil to the last will, or last ςill and codicil thereto, (as the case may be) bearing date ………………(if more than one paper is enclosed, give the date of each respectively) of A.B. of …………………………, and is delivered by me for safe custody in the registry of ………………………………… to remain deposited there until after my decease".
(Sgd.) A.B.
(2) The affidavit (if any) provided in rule 3 (2) shall be subjoined to the endorsement on the envelope and shall be to the following effect :—
“I, C.D., of …………………………… , make oath and say that the signatory to the above endorsement is A,B. of ……………………….”
(Sgd.)C.D.
Sworn before me on ………………………
(Sgd.) E.F.
Probate Registrar of …………………
(3) The probate registrar shall annex to the endorsement and the affidavit (if any) a minute to the following effect:—
"Deposited by A.B. who is personally known to me”.
or, (if such is the case),
"Deposited by A.B. who has been identified to me by C.D. who is personally known to me ".
Dated ………………………… (Sgd.) E.F.
Probate Registrar of ……………
5.-(1) When a will is "deposited, the probate registrar shall forthwith note the deposit in a register of wills deposited by living persons to be kept for the purpose. The register shall have the following headings :—
No. Date Deposited by Remarks
(a) Under the heading "No.", the number to be entered shall be the serial number of the will deposited in the registry.
(b) Under the heading "Date", the date to be entered shall be the date on which the will is deposited.
(c) Under the heading "Deposited by", in addition to the full name of the testator depositing his will, his place of residence shall also be shown.
(d) Under the heading "Remarks", there shall be noted, in the event of the will being removed from the depository of wills kept under the Law, the date of and the reason for the removal, and the place to which it has been removed.
(2) The serial number under which the deposit is noted in the register shall be marked on the envelope in which the will is enclosed.
(3) The probate registrar shall keep an alphabetical list of testators who have deposited wills under rule 3.
6. The probate registrar shall give to the testator depositing his will a receipt to the following effect :—
"Received to-day for custody from A.B. of ………………… an envelope purporting to contain his will, which I have registered in my book under No ………………………”
Dated ……………………(Sgd.) E.F.
Probate Registrar of............................
7.-(1) The President or, in his absence, a District Judge may, where he so thinks fit, direct the probate registrar to attend a person wishing to deposit a will who is unable to come to the registry for the purpose.
(2) Before making any such direction the President or, in his absence, a District Judge shall ensure that sufficient provision has been made for the probate registrar's travelling expenses.
8.-(1) A will may not be opened in the lifetime of a testator except with his consent; and after a will has been opened it shall be re-sealed and endorsed as required by rules 4 and 5 unless a testator revokes such will by endorsement thereon.
(2) A will may be opened after the death of the testator by his executor or other interested person.
(3) No will shall be opened under this rule except in the presence of the probate registrar who must be satisfied of the testator's identity (if alive) or of his death and of the identity and interest of the persons desiring to have the will opened. For this purpose the probate registrar may require evidence as to death or identity upon affidavit.