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ARRANGEMENT OF RULES
ORDER 1
Rules
1. Application for probate or
letters of administration
2. Preservation of property
3. Intermeddling with property
4. Neglect to apply for probate
5. Production of testamentary
papers
6. Examination in respect of
testamentary paper
7. Notice to executors to come in
and prove will.
ORDER 2
1. Affidavits in support of
application.
2. Declaration of property of the
deceased.
3. Notice of grant.
4. Caveat.
5. Order of priority for grant
where deceased left a will.
6. Order of priority of grant
where deceased died intestate
after enactment of P.N.D.C.L. 111.
7. Order of priority of grant
where deceased died intestate
after commencement of P.N.D.C.L.
111 where deceased married under
Cap. 127 or estate governed by
customary law.
8. Grant where two or more persons
are entitled in the same degree.
9. Notice to accept or refuse
grant of probate or
administration.
ORDER 3
1. Custody of wills
2. Examination of will
3. Attestation clause and
witnesses
4. Blind or illiterate testator
5. Interlineations, erasures,
obligations
6. Documents referred to in a will
7. Marking copy of a will sworn to
8. Examination of person marking
affidavit
9. Double probate
ORDER 4
1. Proof of will in common form
2. Proof of will in solemn form
3. Issue of writ to have will
pronounced valid
4. Action to declare will invalid
5. Action to revoke grant of
probate or letters of
administration
ORDER 5
1. General procedure for
administration
2. Bond
ORDER 6
1. Interpretation
2. Commencement of probate action
3. Intervention
4. Application for notice to an
interested person
5. Entry of appearance
6. Notice to bring in grant
7. Affidavit of testamentary
script
8. Default of appearance
9. Pleadings
10. Counterclaim
11. Default of pleading
12. Discontinuance
ORDER 7
1. Interpretation
2. Determination of questions or
relief without administration
3. Directions by the Court in
administration action
4. Parties
ORDER 8
1. Lost, damaged or unobtainable
wills
2. Grants to attorneys
3. Grant for the use of minors
4. Persons to whom grants may be
made as guardians of minors
5. Disability grants
6. Incapacity after grant
7. Grant for a person serving a
prison sentence
8. Grant limited by the terms of
the wills
9. Absentee grant
10. Grant for the preservation of
the estate
11. Administration pending suit
12. Special grant in respect of
unadministered assets (De bonis
non).
13. Second grants
14. Grants in respect of small
intestate estates
15. Caveat in respect of small
intestate estates
ORDER 9
1. Forms in schedule
2. Revocation
SCHEDULE
IN exercise of the powers
conferred on the Judicial Council
by section 21(1) of the
Provisional National Defence
Council (Establishment)
Proclamation (Supplementary and
Consequential Provisions) Law,
1982 (P.N.D.C.L. 42) these Rules
are made this 3rd day of May,
1991.
ORDER 1—PROBATE OR ADMINISTRATION
IN GENERAL
Rule 1—Application for Probate or
Letters of Administration.
(1) An application for probate or
letters of administration in
respect of the estates of a
deceased person may be made only
to the court with jurisdiction
where the deceased had at the time
of his death a fixed place of
abode.
(2) Notwithstanding paragraph (1)
where any person dies within or
outside Ghana without a fixed
place of abode in Ghana, a court,
in the area where any property of
the deceased may be found, shall,
subject to the Courts Act, 1971
(Act 372) or any other enactment
for the time being in force, have
jurisdiction for the purposes of
granting probate or letters of
administration in respect of the
said estates.
(3) Where the deceased had
property within the jurisdiction
of more than one court, the
application shall be made to only
one of the courts in respect of
all the properties.
(4) Notice of an application made
under paragraph (3) shall be given
to the Registrar of every court
with jurisdiction in the areas
where such property may be found
and any caveat filed in such
courts shall be brought to the
notice of the court before which
the application is pending which
may stay the hearing of the
application until it is satisfied
that no caveat has been filed in
another court.
Rule 2—Preservation of Property.
(1) A court to which an
application is made under rule 1
of these Rules may, for the
preservation of the property of
the deceased within its
jurisdiction or for the discovery
or preservation of the will of the
deceased take such interim
measures as it deems necessary.
(2) A court within whose
jurisdiction a deceased person has
left property shall, where the
circumstances so require, on the
death of the person or as soon as
may be practicable thereafter,
appoint an officer of the court or
such other person as it considers
fit, to take possession of the
property within its jurisdiction
or put it under seal until it is
dealt with in accordance with law.
Rule 3—Intermedling with Property.
Where any person other than the
person named as executor in a will
or appointed by a court to
administer the estate of a
deceased person takes possession
of and administers or otherwise
deals with the property of a
deceased person he shall be
subject to the obligations and
liabilities as an executor or
administrator and shall in
addition be liable to a fine not
exceeding ¢200,000.00 or to
imprisonment not exceeding six
months or to both.
Rule 4—Neglect to Apply for
Probate.
Where any person named executor in
the will of a deceased person
takes possession of and
administers or otherwise deals
with any part of the property of
the deceased, and does not apply
for probate within three months
after the death, or after the
termination of any proceedings in
respect of probate or
administration he may, in addition
to any other liability which he
may incur be deemed guilty of
contempt of court, and shall be
liable to a fine not exceeding
¢200,000.00 or to imprisonment for
a term not exceeding six months or
both.
Rule 5—Production of Testamentary
Papers.
Where it appears to the court that
any paper of the deceased being or
purporting to be testamentary, is
in the possession or under the
control of any person, the court
may whether any proceedings
relating to probate or
administration are pending order
the person to produce the papers
in court.
Rule 6—Examination in Respect of
Testamentary. Paper.
Where it appears to the court that
there are reasonable grounds to
believe that any person has
knowledge of any paper purporting
to be testamentary (although it is
not shown that the paper is in his
possession or under his control),
the court may whether or not any
proceedings related to probate or
administration are pending order
the person to be examined on the
matter in court or on
interrogatories and for the papers
to be produced before the court
after the examination.
Rule 7—Notice to Executors to Come
in and Prove Will.
(1) The court may of its own
motion or on the application of
any person claiming an interest
under a will give notice to the
executors, if any, named in the
will to come in and prove or
renounce probate.
(2) The executors or any one or
more of them must within 14 days
after receipt of such notice come
in and prove or renunce probate.
(3) Where an executor who has
received a notice under this rule
does not come in and prove or
renounce as required by paragraph
(2) his right to executorship
shall be extinguished and an
application for letters of
administration with will annexed
may be made by any person entitled
thereto.
(4) Forms numbers 1 and 2 shall
be used for the purposes of order
1 rules 6 and 7 (2) respectively.
ORDER 2—APPLICATION FOR GRANT OF
PROBATE OR LETTERS OF
ADMINISTRATION
Rule 1—Affidavits in Support of
Application.
(1) Every application for probate
or letters of administration shall
be supported by an affidavit sworn
by the applicant and by such other
documents as the court may
require.
(2) In any such application the
forms in the schedule hereto shall
be used with such modifications as
may be necessary.
Rule 2—Declaration of Property of
the Deceased.
(1) On an application for the
grant of probate or letters of
administration the court may
require evidence of the identity
of the applicant in addition to
that provided by him, where such
additional evidence seems
necessary or desirable.
(2) The court shall ascertain the
time and place of the death of the
deceased and require proof of
death by production of a death or
burial certificate or such other
evidence to the satisfaction of
the court.
(3) The court shall as correctly
as the circumstances allow
ascertain the value of the movable
and immovable property of the
deceased to be covered by the
grant of probate or letters of
administration.
Rule 3—Notice of Grant.
(1) The court shall not allow any
grant of letters of administration
to issue unless after the grant,
notice thereof is given for a
period of not less than 21 days
(or such other period as the court
may order) in the following manner
- .
(a) in the court where the
application for grant was made;
(b) in any place of public resort
within the jurisdiction of the
court where it is likely that such
notice shall be seen by those who
may have an interest in the
estate; and
(c) in the last known place of
abode of the deceased in respect
of whose estate the grant has been
made.
(2) Where the grant is in respect
of the estate of a person who died
intestate notice must be given
whenever practicable to all
persons entitled to a share of the
estate of the deceased under the
Intestate Succession Law, 1985 (P.N.D.C.
Law 111); the court may, however,
dispense with such notice to
beneficiaries if it considers it
expedient to do so.
(3) The court shall not allow any
grant of probate or letters of
administration to issue until all
inquiries which it sees fit to
institute have been answered to
its satisfaction.
(4) The court shall, however,
afford as great facility as
possible for obtaining probate or
letters of administration as is
consistent with due regard to the
prevention of error and fraud.
(5) Notice under this rule shall
be as in Form 4 specified in the
Schedule.
Rule 4—Caveat.
(1) Any person who has or claims
to have an interest in the estate
of a deceased and who wishes to
ensure that no grant of probate or
letters of administration is
issued without notice to himself
may file a caveat as in Form 5
specified in the Schedule.
(2) The caveat may be filed either
before or after an application has
been made for probate or letters
of administration but before
grant.
(3) A caveat filed before an
application for probate or letters
of administration must be brought
to the notice of the court by the
Registrar as soon as the
application is filed.
(4) A caveat filed after an
application for probate or letters
of administration must at once be
brought to the notice of the court
by the Registrar.
(5) On being given notice of a
caveat the court shall direct the
Registrar to bring it to the
notice of the applicant or his
lawyer in the form provided as
Form 6 in the Schedule and shall
decline to take any further steps
until the applicant duly warns the
caveator.
(6) A caveat shall remain in force
for three months from the date on
which it is filed, but may be
renewed from time to time.
(7) The Registrar shall not allow
any grant of probate or letters of
administration to be sealed if he
has knowledge of an effective
caveat in respect thereof provided
that no caveat shall operate to
prevent the sealing of a grant on
the day on which the caveat is
filed or on which a copy thereof
is received as the case may be.
(8) The person filing the caveat
may be warned in the form
contained in the Schedule issued
by the Registry at the instance of
the applicant or by any person
interested, stating the nature of
his interest, and shall require
the caveator to file an affidavit
giving particulars of any contrary
interest which the caveator may
have in the estate of the
deceased.
(9) Every warning shall be served
on the caveator and shall be as in
Form 7.
(10) If the warning is not duly
obeyed the court may proceed with
the application for probate or
letters of administration, but may
if it thinks fit direct that
notice be given to the caveator.
(11) If the warning is obeyed, the
applicant must ascertain the fact
by official search in the court
registry and procure for himself
through the court a copy of the
affidavit by the caveator.
(12) The applicant shall then move
the court to grant probate or
letters of administration as the
case may be in the form prescribed
in the Schedule hereto. The
motion shall be on notice to the
caveator who shall at the expense
of the applicant, be served with
copies of any affidavits on which
the applicant intends to rely.
(13) When the motion comes on for
hearing, if the parties agree
among themselves as to the person
or persons to whom a grant of
probate or letters of
administration shall be made, the
court may order that the caveat be
removed from the file and a grant
be made.
(14) Failing such agreement
between the parties the court
shall determine who is entitled to
grant of probate either summarily
or may order that the applicant
issue a writ of summons against
the caveator within 14 days from
the date of such order, to
determine who is entitled to grant
or probate or letters of
administration if in the opinion
of the court it is necessary to do
so.
Rule 5—Order of Priority for Grant
where Deceased left a Will.
(1) Where the deceased died
leaving a will the person entitled
to a grant of probate or letters
of administration with the will
annexed shall be determined in
accordance with the following
order of priority—
(a) the executor;
(b) any residuary legatee or
devisee holding in trust for any
other person;
(c) the ultimate residuary legatee
or devisee where the residue is
not disposed of by the will;
(d) any specific legatee or
devisee or any creditor or the
personal representative of any
such person, provided that
administration shall be given to a
living person in preference to the
personal representative of a
deceased person who would, if
living be entitled in the same
degree; or
(e) any legatee or devisee whether
residuary or specific claiming to
be entitled on the happening of
any contingency or any person
having no interest under the will
of the deceased who would have
been entitled to grant if the
deceased had died intestate.
(2) The court may make a grant to
a specific legatee or devisee if
satisfied that the interest of the
person entitled to the residue is
so small as to justify his being
passed over.
Rule 6—Order of Priority of Grant
where Deceased Died Intestate
after Enactment of P.N.D.C.L. 111.
Where the deceased died intestate
on or after 14th June, 1985 the
persons having a beneficial
interest in the estate of the
deceased shall be entitled to
grant of letters of administration
in the following order of
priority—
(a) the surviving spouse;
(b) surviving children;
(c) surviving parents;
(d) customary successor of the
deceased.
Rule 7—Order of Priority of Grant
where Deceased was Married under
Cap. 127 or Estate Governed by
Customary Law.
Where the deceased died intestate
on or after 14th June, 1985 then
the order or priority for grant of
letters of administration shall be
as follows—
(a) where the deceased was married
under the Marriage Ordinance,
(Cap. 127) or was the issue of
such marriage—
(i)
the surviving spouse;
(ii) surviving children;
(iii) a surviving mother or
father;
(iv) the customary successor of
the deceased; or
(b) where the estate of the
deceased devolved wholly under
customary law—
(i)
the customary successor of the
deceased;
(ii) the surviving father or
mother;
(iii) surviving children.
Rule 8—Grant where two or more
Persons are Entitled in the same
Degree.
(1) The number of persons to whom
a grant may be made shall not
exceed four persons as specified
in section 77 (1) of the
Administration of Estates Act,
1961 (Act 63).
(2) Where two or more persons are
entitled to a grant in the same
degree the court may make a grant
to any one of them without joining
the others.
(3) Where there is a dispute
between persons entitled to a
grant in the same degree the court
shall summarily determine such
dispute and may make a grant to
such of them as it considers fit.
Rule 9—Notice to Accept or refuse
Grant of Probate or
Administration.
(1) Where a person who has a prior
right to grant of probate or
administration delays or refuses
to take it and does not agree to
renounce his right, a person
having an inferior right may serve
a notice on the person with prior
right calling on him to take a
grant or renounce his right.
(2) If upon being served with a
notice under paragraph (1) the
person with a prior right does not
apply for a grant or renounce
within 14 days the person serving
the notice may apply for a grant
and the court shall make a grant
to the applicant if it is of
opinion that it is desirable to do
so.
(3) An application under paragraph
(2) shall be served on the person
with prior right to a grant and on
such other persons with right to a
grant as the court may direct.
ORDER 3—PROBATE OR ADMINISTRATION
WITH WILL ANNEXED
Rule 1—Custody of Wills.
(1) Any person may in his life
time deposit for safe custody in a
court having jurisdiction over the
area in which he has his fixed
place of abode his own will sealed
up under his own seal and the seal
of the court.
(2) Every original will or letters
of administration with a will
annexed, shall be filed and kept
in the registry of the court which
made the grant in such manner as
to secure the presentation and
convenient inspection of the will
and a copy of every such will and
or probate or administration shall
be preserved in a book kept for
that purpose in the Registry of
the High Court of the Region in
which the probate or
administration was granted.
(3) No original will shall be
delivered out for any purpose
without the direction in writing
of the court where the will is
filed.
(4) An exemplification of the
probate or administration with
will annexed may be obtained from
the court.
Rule 2—Examination of Will.
(1) On receiving an application
for probate or for letters of
administration with will annexed
the court shall inspect the will
and see whether it appears to have
been signed by the testator, or by
some other person in his presence
and by his direction, and to have
been subscribed by two witnesses
in accordance with the wills Act,
1971 (Act 360) and shall not
proceed further if the will does
not appear to be so signed and
subscribed.
(2) If the will appears to be so
signed and subscribed, the court
shall then refer to the
attestation clause, if any, and
consider whether the writing
thereof states the will to have
been in fact executed in
accordance with the Wills Act.
Rule 3—Attestation Clause and
Witnesses.
(1) If there is no attestation
clause, or if the attestation
clause is insufficient the court
shall require an affidavit from at
least one subscribing witness, if
either of them is living to prove
that the will was in fact,
executed in accordance with the
Wills Act, 1971 (Act 360).
(2) The affidavit shall be
engrossed and shall form a part of
the probate so that the probate
shall be a complete document on
the face of it.
(3) if on perusal of the affidavit
it appears that the will was not
in fact executed in accordance
with the Wills Act, 1971 (Act 360)
the court shall refuse probate.
(4) Where both the subscribing
witnesses are dead, or if from
other circumstances an affidavit
cannot be obtained from either of
them, the court may have resort to
such an affidavit from other
persons, if any, present at the
execution of the will; but if no
such affidavit can be obtained,
proof shall be required of that
fact and of the handwriting of the
deceased and of the subscribing
witnesses, and also of any
circumstances raising a
presumption in favour of the due
execution of the will and
affidavit of handwriting.
(5) Attestation clause and
affidavit of handwriting shall be
in the form specified as Forms 10
and 11 respectively in the
Schedule.
Rule 4—Blind or Illiterate
Testator
Where the testator was blind or
illiterate the court shall not
grant probate of the will, or
administration with the will
annexed unless the court is first
satisfied, by proof or by what
appears on the fact of the will,
that the will was read over to the
deceased before its execution or
that he had at that time knowledge
of its contents.
Rule 5—Interlineations, Erasures,
Obliterations.
(1) The court on being satisfied
that the will was duly executed,
shall carefully inspect it to see
whether there are any
interlineations, alterations,
erasures, or obliterations
appearing in it and requiring to
be accounted for.
(2) Interlineations, alterations,
erasures and obliterations are
invalid unless they have been
executed and attested in the mode
required by the Wills Act, or
unless they have been made valid
by the re-execution of the will,
or by the subsequent execution of
some codicil thereto.
Rule 6—Documents Referred to in a
Will.
(1) Where a will contains a
reference to any document of such
a nature to raise a question
whether it ought or ought not to
form a constituent part of the
will, the court shall require the
production of the document with a
view to ascertaining whether or
not it is entitled to probate; and
if it is not produced, a
satisfactory account of its
non-production shall be proved.
(2) A document cannot form part of
a will unless it was in existence
at the time the will was executed.
(3) If there are any vestiges of
sealing wax or wafers or other
marks on a will leading to the
inference that some other document
has been at some time annexed or
attached thereto, a satisfactory
account of them shall be proved,
or the production of the document
shall be required and if not
produced a satisfactory account of
its non-production shall be
proved.
Rule 7—Marking Copy of a Will
Sworn to Forms 12 and 13.
Every will or copy of a will to
which an executor or an
administrator with the will
annexed is sworn, shall be marked
by the executor or administrator
and by the person before whom he
is sworn.
Rule 8—Examination of Person
Marking Affidavit.
In every case where evidence is
directed or allowed to be given by
affidavit, the court may require
the personal attendance of the
deponent, if within the
jurisdiction, to be orally
examined before the court,
respecting the matter of his
affidavit, the examination may
take place before any affidavit
has been sworn or prepared, if the
court thinks fit.
Rule 9—Double Probate.
Where on the grant of probate,
administration of the estates of a
deceased is granted to one of the
executors named in the will, the
court has the power to make the
like grant to the other executor
named in the will, and grant shall
be as provided in Form 14 of the
Schedule.
ORDER 4—PROOF OF WILL
Rule 1—Proof of Will in Common
Form.
Where a will appears regular on
the face of it and there appears
to be no dispute as to its
validity the application for
probate thereof may be
sufficiently supported by
affidavits deposing to the due
execution and attestation of the
will and by such other documents
or papers as the court may
require.
Rule 2—Proof of Will in Solemn
Form.
(1) Where for any reason the
executors of a will are in doubt
as to its validity or the validity
of the will is disputed, the
executors may if they consider it
expedient to do so prove the will
in solemn form in an action
commenced by writ asking the court
to pronounce the will as valid.
(2) Any person who claims to have
an interest in the estate of a
deceased person may by notice in
writing request the executor or
executors named in the will of the
deceased to prove the will in
solemn form.
(3) The notice require to be given
under paragraph (2) shall state—
(a) the name, address, and
description of the person filing
it;
(b) the interest such person has
in the estate of the deceased; and
(c) upon what specific grounds the
validity of the will is disputed.
(4) The notice must be signed by
the person who desires proof in
solemn form or by his lawyer, it
shall be filed in the registry,
and shall be served on all
executors named in the will and
the beneficiaries under the will.
(5) Where a notice is served on an
executor under paragraph (4) he
shall not later than 8 days after
the service file in the registry
an answer to the notice specifying
his intention either to prove the
will in solemn form or to renounce
probate and the Registrar shall
upon receiving such answer serve
the person who filed the notice
with a copy thereof.
(6) If an executor who has been
served with notice under this rule
declares his intention to renounce
probate or fails to file an answer
as required by paragraph (5) then—
(a) his right to executorship
shall wholly cease and the
representation of the testator and
the administration of his estate
may be effected as if such
executor had never been appointed;
(b) in the case where the executor
has defaulted in filing an answer,
the court may extend the time
within which the executor must
file an answer showing good cause
for failing to file an answer.
(7) An extension of time given
under paragraph (6) (b) shall be
upon such terms if any, as the
court may see fit to impose.
Rule 3—Issue of Writ to have Will
Pronounced Valid.
(1) An executor who files an
answer under paragraph (5) rule
(2) specifying his intention to
prove the will must not later than
8 days after filing his answer
issue a writ claiming that the
will must be pronounced valid and
admitted to probate.
(2) If the executor fails to issue
a writ within the time specified
in paragraph (1) the person who
issued the notice may apply to the
court for an order that the right
of the executor to the
executorship shall cease and the
court may either make that order
or extend the time within which
the executor must issue a writ and
upon such terms, if any, as it
considers just.
(3) A writ issued under paragraph
(1) shall join as defendant the
person who issued the notice
calling on the executor to prove
the will in solemn form; and the
court may either of its own motion
or on application join either as
plaintiff or as defendant any
person who claims or appears to
have an interest in the estate of
the deceased.
(4) Where the executor who files
an answer under rule 2 (5)
renounces probate or having been
served with a notice fails to file
an answer or having filed an
answer fails to issue a writ and
the court makes an order under
paragraph (2) any person named as
a beneficiary in the will may
issue a writ to establish the
validity of the will and to claim
grant of letters of administration
with the will annexed.
(5) In an action brought under
paragraph (4) the person who filed
and served notice on the executor
shall be joined as defendant but
the court may either on
application or of its own motion
order to be joined as plaintiff or
defendant any person who claims,
or appears, to have an interest in
the estate.
Rule 4—Action to Declare Will
Invalid.
(1) Any person who claims to have
an interest in the estate of
deceased testator may, instead of
issuing a notice to the executor
to prove the will under rule 2(2)
of this Order, bring an action
against the executor for a
declaration that the will is
invalid.
(2) In an action brought by an
interested party under paragraph
(1) the court may join as
plaintiff or as defendant any
person who claims or appears to
have an interest in the estate of
the deceased.
Rule 5—Action to Revoke Grant of
Probate or Letters of
Administration.
(1) Where grant of probate or
letters of administration has been
issued any person seeking to have
such grant revoked by the court
may issue a writ to seek such
relief.
(2) In any action brought under
this Order the provisions of Order
6 shall apply.
ORDER 5—ADMINISTRATION NOT WITH
WILL ANNEXED
Rule 1—General Procedure for
Administration.
(1) A court in granting letters of
administration shall proceed as
far as the case may be as in the
case of probate.
(2) Where administration is
applied for by one or some of the
next of kin only, and there is
another or other next of kin
equally entitled thereto, the
court shall require proof that
notice of the application has been
given to the other next of kin.
Rule 2—Bond.
Forms 15 And 16
(1) The person to whom
administration is granted shall
give bond as in Form 15 or 16 of
the Schedule, with two or more
responsible sureties, to the
Registrar for duly collecting,
getting in and administering the
movable and immovable property of
the deceased.
(2) The bond shall be an amount
equal to double the value of the
property of the deceased as sworn
to, unless the court in any case
considers it expedient to reduce
the amount.
(3) The court may in any case
direct that more than one bond be
given so as to limit the liability
of any surety to such amount as
the court considers reasonable.
(4) If administration is granted
to the Administrator General or if
he is appointed to act in any
capacity he shall not be required
to give such bond or security as
would be required if the grant had
been made to a private person; he
shall, however, be subject to the
liabilities and duties as if he
had given such bond or security.
(5) When it is subsequently
discovered that the deceased died
possessed of property which was
not included in the grant or in
the original affidavit, a
corrective affidavit in the form
of Form 18 provided in the
Schedule giving full particulars
shall be given to the Registrar of
the court which made the grant.
(6) Where the bond already given
is not sufficient to cover the
whole estate including the
increased amount, a further bond
shall be given in a sum sufficient
to meet the deficiency.
(7) The penalty in the bond shall
be given for double the additional
property and the word "intended"
coming before the word
"administrator" shall be omitted.
(8) The Registrar may on being
satisfied that an undertaking in
the bond has been broken, assign
it to some person, and that person
may thereupon sue on the bond in
his own name, as if it had
originally been given to him
instead of the Registrar and, may
recover thereon, as trustee for
all persons interested, the full
amount recoverable in respect of
any breach of an undertaking in
the bond.
ORDER 6—CONTENTIOUS PROBATE
MATTERS
Rule 1—Interpretation.
In this Order "probate action"
means an action for the grant of
probate of the will or letters of
administration of the estate of a
deceased person or for the
revocation of such grant or for
judgement pronouncing for or
against the validity of an alleged
will, being a proceeding which is
contentious or common form probate
business.
Rule 2—Commencement of Probate
Action.
(1) A probate action must be
commenced by writ.
(2) The writ must be endorsed with
a statement of the nature of the
interest of the plaintiff and of
the defendant in the estate of the
deceased.
(3) Before a writ beginning an
action for the revocation of the
grant of probate of a will or
letters of administration of the
estate of a deceased person is
issued out, notice shall be given
under rule 6 unless the probate or
letters of administration has or
have been lodged in the Registry.
Rule 3—Intervention
(1) A person not already a party
to a probate action may apply to
the court for leave to intervene
in the action.
(2) The application must be
supported by an affidavit showing
the interest of the applicant in
the estate of the deceased and
must be served on all the existing
parties.
(3) Where the court grants leave
under this rule, it may give such
direction as to the service of
pleadings, filing of affidavit or
of testamentary scripts and other
matters as it considers necessary.
Rule 4—Application for Notice to
an interested Person.
(1) On the application of the
plaintiff or of any other party
who has pleaded in a probate
action, a notice as in Form 20 may
be issued against any person not
already a party to the action who
has an interest adverse to the
applicant notifying him that if he
does not enter an appearance in
the action judgement may be given
therein without further notice to
him.
(2) A notice under this rule shall
be issued out of the Registry and
shall be accompanied by an
affidavit sworn by the applicant
specifying the alleged adverse
interest of the person on whom it
is served.
(3) Issue of the notice takes
place upon its being sealed by the
Registrar.
(4) A notice issued under this
rule shall be served personally
unless in a particular case the
court considers it expedient to
order some other mode of service.
(5) The rules of court relating to
service out of the jurisdiction
shall apply to service of a notice
under this rule where the person
to be served is out of the
jurisdiction.
Rule 5—Entry of Appearance.
(1) A person authorised to
intervene under rule 3 or on whom
a notice has been served under
rule 4 shall enter appearance
within the time specified in the
order authorising him to intervene
or if the appearance is not
limited then in a case under rule
3, within 8 days from the date of
the making of the order or service
of the notice as the case may be.
(2) Where a person on whom notice
is served under rule 4 fails to
enter an appearance in the action,
the party on whose application the
notice was issued shall file an
affidavit proving due service of
the notice before he shall be
heard at the trial.
Rule 6—Notice to Bring in Grant.
(1) Where an action is brought for
the revocation of a grant of
probate or letters of
administration of the estate of a
deceased person the plaintiff
shall serve a notice on the person
to whom the probate or letters of
administration as the case may be
was granted requiring him to bring
and leave at the Registry the
probate or letters of
administration.
(2) A person on whom a notice is
served under paragraph (1) shall
comply with the notice not later
than four days from the date of
service of the notice.
(3) Where a person served with a
notice under paragraph (1) does
not comply with it within the time
specified the plaintiff may apply
to the court for an order
directing that the probate or
letters of administration shall be
brought and left at the Registry
within such time as the court may
specify.
Rule 7—Affidavit of Testamentary
Script.
(1) In this rule "testamentary
script" means a will or draft
thereof, written instructions for
a will made by or at the request
or under instructions of the
testator and any document
purporting to be evidence of the
contents, or to be a copy of a
will which is alleged to have been
lost or destroyed.
(2) Unless the court otherwise
directs, the plaintiff and every
defendant who has entered an
appearance in a probate action
must swear an affidavit as in Form
21 in the Schedule describing any
testamentary script of the
deceased person whose estate is
the subject of the action—
(a) of which he has any knowledge
or stating that he knows of no
such script, as the case may be;
and
(b) if any such script is not in
his possession or he does not know
under whose control it is, stating
that he does not know the name or
address of that person.
(3) Any such script in the
possession or under the control of
the deponent shall be annexed to
his affidavit.
(4) An affidavit required by this
rule (together with any
testamentary script annexed
thereto) shall be filed within 14
days after entry of appearance by
a defendant to the action or if no
defendant enters appearance and
the court does not otherwise
direct, before the action is set
down for trial.
(5) Except with the leave of the
court, a party to a probate action
shall not be allowed to inspect an
affidavit filed under this rule by
any other party to the action or
any testamentary script annexed
thereto, unless and until an
affidavit sworn by him containing
the information referred to in
paragraph (1) has been filed.
Rule 8—Default of Appearance.
(1) No judgement in default of
appearance shall be entered in a
probate action.
(2) Where the defendant or any of
several defendants fail to enter
an appearance the plaintiff upon
filing an affidavit proving due
service of the writ or notice of
the writ may after the time
limited for appearing seek leave
of the court to set down the
action for trial.
(3) Where the plaintiff sets down
the action for trial under
paragraph (2) he shall file an
affidavit of testamentary scripts
as required by rule 7(2).
Rule 9—Pleadings.
(1) Every writ in a probate action
shall be accompanied by a
statement of claim which shall be
served on all defendants in the
action and all persons who
intervened.
(2) Every defendant who is served
with a writ and a statement of
claim and who enters an appearance
shall file a statement of defence
not later than 14 days after
appearance.
(3) Where the plaintiff in a
probate action disputes the
interest of a defendant he must
allege in his statement of claim
that he denies the interest of
that defendant.
(4) In a probate action in which
the interest by virtue of which a
party claims to be entitled to a
grant of letters of administration
is disputed the party disputing
that interest must show in his
pleading that if the allegations
made therein are proved he the
disputing party would be entitled
to an interest in the estate.
(5) Any party who pleads that at
the time when a will the subject
of the action was alleged to have
been executed the testator did not
know and approve of its contents
must specify the nature of the
case on which he intends to rely.
(6) Any party referred to in
paragraph (5) shall specifically
plead the following matters if he
intends to rely on any of them
(a) that the will was not duly
executed; or
(b) that at the time of the
execution of the will the testator
was not of sound mind, memory and
understanding; or
(c) that the will was a forgery or
the execution thereof was obtained
by undue influence or fraud.
Rule 10—Counter-Claim.
A
defendant to a probate action who
alleges that he has any claim or
is entitled to any relief or
remedy in respect of any matter
relating to the grant of probate
or letters of administration of
the estate of the deceased person
which is the subject of the action
must add to his defence a
counterclaim in respect of such
claim, relief or remedy.
Rule 11—Default of Pleading.
(1) No judgement shall be given in
default of pleadings in a probate
action.
(2) Where any party to a probate
action fails to serve any other
party of the action a pleading
which he is required by these
Rules to serve on that other
party, then unless the court
orders the action to be
discontinued that other party may,
after the expiration of the period
fixed under these Rules for
service of that pleading, apply to
court for leave to set down the
action for trial.
Rule 12—Discontinuance.
(1) A probate action shall not be
discontinued except by leave of
the court.
(2) At any stage of the
proceedings in a probate action
the court may, on the application
of the plaintiff or of any party
to the action who has entered an
appearance, order the action to be
discontinued on such terms as to
costs or otherwise as it thinks
just, and may further order that a
grant of probate or letters of
administration in respect of the
estate which is the subject matter
of the action be made to the
person entitled to it.
ORDER 7—ADMINISTRATION AND SIMILAR
ACTIONS
Rule 1—Interpretation.
In this order "administration
action" means an action for the
administration under the director
of the court of the estate of a
deceased person or for the
execution under the direction of a
trust.
Rule 2—Determination of Questions
or Relief without Administration.
(1) An action may be brought for
the determination of any question
or for any relief which could be
determined or granted, as the case
may be in an administration action
and a claim need not be made in
the action for the administration
or execution under the direction
of the court of the estate or
trust in connection with which the
question arises or the relief is
sought.
(2) Without prejudice to the
generality of paragraph (1) an
action may be brought for the
determination of any of the
following questions—
(a) any question arising in the
administration of the estate of a
deceased person or in the
execution of a trust;
(b) any question as to the
composition of any class of
persons having a claim against the
estate of a deceased person or a
beneficial interest in the estate
of such a person or in any
property subject to a trust;
(c) any question as to the rights
or interests of a person claiming
to be a creditor of the estate of
a deceased person to be entitled
under a will or an intestacy of a
deceased person or to be
beneficially entitled under a
trust.
(3) Without prejudice to the
generality of paragraph (1) an
action may be brought for any of
the following reliefs—
(a) an order requiring an executor
or administrator to furnish and if
necessary, verify accounts;
(b) an order requiring the payment
into court of money held by a
person in trust in his capacity as
executor, administrator or
trustee;
(c) an order directing a person to
do or abstain from doing a
particular act in his capacity as
executor, administrator or
trustee;
(d) an order approving any sale,
purchase, compromise or other
transaction by a person in his
capacity as executor,
administrator or trustee;
(e) an order directing any act to
be done in the administration of
the estate of a deceased person or
in the execution of a trust which
the court could order to be done
if the estate or trust were being
administered or executed, as the
case may be, under the direction
of the court.
Rule 3—Directions by the Court in
Administration Action.
(1) Where in an administration
action the court makes an order
for the full administration of the
estate of a deceased person or for
the execution of a trust the court
shall give an order for directions
as to the manner in which the
estate shall be administered or
the trust executed.
(2) The order may expressly
stipulate that no account or
inquiry not immediately and
manifestly required shall be taken
or made without leave.
(3) The court may stay proceedings
under this rule if in its opinion
it is not necessary for it to take
its full course and may make such
consequential orders as it thinks
fit.
Rule 4—Parties.
(1) All the executors or
administrators of the estate or
trustees of a trust, to which an
action of such a nature as is
referred to in rule 1 relates,
shall be parties to the action,
and where the action is brought by
executors, administrators or
trustees, any of them who does not
consent to being joined as a
plaintiff shall be made a
defendant.
(2) All persons having a
beneficial interest in or claim
against the estate or having a
beneficial interest under a trust,
as the case may be, to which such
an action as is mentioned in rule
1 relates need not be parties to
the action; but the plaintiff may
make such of those persons, as he
thinks fit parties having regard
to the nature of the relief
claimed in the action.
(3) Where in proceedings under a
judgement or order given or made
in an action for administration
under the direction of the court
of an estate of a deceased person,
a claim in respect of a debt or
other liability is made against
the estate by a person not party
to the action, no party other than
the executors or the
administrators of the estate shall
be entitled to appear in any
proceedings relating to the claim
without leave of the court, and
the court may direct or allow any
other party to appear either in
addition to or in substitution for
the executors or administrators on
such terms as to costs or
otherwise as it thinks fit.
ORDER 8—LIMITED AND SPECIAL GRANTS
Rule 1—Lost, Damaged or
Unobtainable Wills.
(1) Where an original will or
codicil is lost, destroyed or
damaged an application may be made
to the court for an order
admitting such will to proof as
contained in a copy, draft or by
parol evidence.
(2) In making an order under
paragraph (1) the court may grant
probate until the original will or
codicil or a more authentic copy
is found and proved.
(3) Where a will is unobtainable
within the jurisdiction because it
is in the custody of a foreign
court or official or person
resident abroad, duly
authenticated copies thereof may
be admitted to probate either
without limitation or until the
original is produced and admitted
to probate.
Rule 2—Grants to Attorneys.
Forms 22, 23
(1) Where a person entitled to a
grant of letters of administration
is resident outside Ghana the
grant may be made to the attorney
of such person for his use and
benefit until he shall obtain a
grant.
(2) Where the person entitled to a
grant is an executor a grant of
administration with the will
annexed may be made for the use
and benefit of the executor
limited until the executor applies
for and obtains probate provided
that a grant shall not be made to
such attorney unless notice is
given to other executors if any.
The notice shall be left at the
last known address of the executor
to be served or sent to that
address by registered post.
(3) The power of attorney shall be
drawn up and notarised and
deposited in the registry of the
court.
(4) If the power of attorney is in
a language other than English a
certified translation thereof
shall be annexed to it.
(5) The affidavit in support of
the attorney's application for
grant shall be accompanied by an
office copy of the power of
attorney deposited in court under
paragraph (3).
Rule 3—Grant for the use of
Minors.
Form 24.
(1) Where a person entitled to a
grant of probate or letters of
administration is under the age of
twenty-one years a grant shall not
be made to him but to his guardian
for his use and benefit until he
attains full age.
(2) An application by a guardian
for a grant for the use and
benefit of a minor shall be
supported by an affidavit which
shall depose to the fact that the
person entitled to the grant is
under the age of twenty-one and
must contain particulars of the
estate.
(3) Where a sole executor is a
minor his guardian may be granted
administration with the will
annexed until he attains full age
when a grant of probate may be
made to him. The court may
instead of making a grant to the
minor's guardian make grant to
such other persons as it thinks
fit.
(4) Where one of several executors
is a minor probate may be granted
to any others not under disability
provided that the right of the
minor to a grant shall be reserved
on his attaining full age.
(5) The right of an executor who
is a minor to probate on attaining
the age of twenty-one years may
not be renounced by any person on
his behalf.
Rule 4—Persons to whom Grants may
be made as Guardians of Minors.
The persons to whom a grant may be
made as guardian for the use and
benefit of a minor are—
(a) the minor's parents jointly
(parents include adoptive
parents);
(b) a guardian appointed by one of
the parents to be the testamentary
guardian after that parent's death
to act jointly with the surviving
parent, but if the surviving
parent objects to the testamentary
guardian or if the testamentary
guardian considers the surviving
parent unfit, the testamentary
guardian may apply to the court
for directions as to who should
act as guardian of the minor; or
(c) any guardian appointed by a
court of competent jurisdiction in
cases where the minor has no
testamentary guardian or where
such guardian has died or refused
to act or where the minor has no
parents or persons with parental
rights.
Rule 5—Disability Grants.
(1) Where a person otherwise
entitled to a grant is by reason
of mental or physical disability
unable to manage his affairs, a
grant may be made for his use and
benefit during the period of the
disability.
(2) A grant of administration
shall not be made under paragraph
(1) unless all persons entitled in
the same degree as the person
under disability have been cleared
off or the court directs
otherwise.
(3) Where one of several executors
is under mental or physical
disability a grant of probate may
be made to the others with power
reserved to the executor under
disability.
(4) A grant under paragraph (1) or
(3) may be made by the court to a
person entitled to the residuary
estate or on intestacy or to any
person the court considers fit
whether or not he has an interest
in the estate.
(5) Before a grant is made under
paragraph (1) or (3) medical
evidence of incapacity must be
produced to the satisfaction of
the court.
Rule 6—Incapacity after Grant.
Where a person to whom a grant has
been made becomes incapable after
the grant it shall be impounded or
revoked and a new grant shall be
made.
Rule 7—Grant for a Person Serving
a Prison Sentence.
(1) No grant shall be made to a
person serving a sentence of
imprisonment, however, where a
person otherwise entitled to a
grant is serving a sentence of
imprisonment a grant may be made
to his attorney for his use and
benefit, but the court may in its
discretion pass over the prisoner
and appoint another person as
administrator.
(2) Where a person to whom a grant
has been made is sentenced to a
term of imprisonment the grant
shall be impounded or revoked and
the court may make a grant to his
attorney or to another person as
provided in paragraph (1).
Rule 8—Grant Limited by the Terms
of the Wills.
(1) Where a testator appoints one
person as a general executor and
another person for a special
purpose both may apply for
probate.
(2) If the application for probate
is made by both executors at the
same time one grant shall be made
but the powers of the executors
shall be distinguished.
(3) If an application is first
made by one of the executors a
grant may be made to him reserving
the right of the other executor.
Rule 9—Absentee Grant.
Where any personal representative
to whom a grant has been made
resides outside Ghana the court
may on the application of any
creditor or person interested in
the estate of the deceased, make a
limited grant until the absent
representative returns to the
jurisdiction.
Rule 10—Grant for the Preservation
of the Estate.
(1) The court shall have power to
make a grant for the preservation
of the estate of a deceased before
those entitled to a grant have
applied.
(2) The application may be made ex
parte by a creditor or person
having an interest in the estate
of the deceased.
(3) Any grant made under this rule
shall be limited only to the
collection and receiving of
property forming part of the
estate and doing such act as may
be necessary for its preservation
and until a grant has been made to
the person entitled.
(4) The court may make a grant
under this rule to the
Administrator General upon his
application.
Rule 11—Administration Pending
Suit.
(1) After a probate action has
been commenced an application may
be made to the court to grant
administration limited to the
duration of the litigation or
pendente lite in accordance with
the provisions of section 80 of
the Administration of Estates Act,
1961 (Act 63).
(2) An application under paragraph
(1) may be made by one of the
parties to the suit or by any
person interested in the estate.
(3) The parties may agree on the
person to be appointed
administrator pending suit,
otherwise the court shall appoint
such person as it considers fit.
(4) If the person to be appointed
as administrator pending suit is
connected with the suit the
consent of the parties to the suit
shall be sought unless the court
decides otherwise.
(5) The person appointed
administrator shall submit
accounts as in Forms 25 and 26 to
the court for them to be passed at
such intervals as the court may
direct, but shall in any case
submit an account at the end of
each year of administration and
upon being discharged.
(6) The account to be submitted
under paragraph (5) shall consist
of an inventory of assets in the
hands of the administrator an a
cash account and shall be verified
by affidavit and lodged in the
registry of the court.
(7) An appointment shall be made
for the purpose of passing the
accounts.
(8) An administrator pending suit
shall give security in such sum
and in such manner as the court
shall direct.
(9) The administrator pending suit
shall be entitled to such
reasonable remuneration as the
court thinks fit and such
remuneration shall be paid out of
the estate or the income thereof
and shall be fixed on the taking
of accounts.
(10) The court in fixing
remuneration under paragraph (9)
shall take into account the
duration and complexity of the
administration, the professional
skill, business, knowledge or
other qualification of the
administrator and the total work
done by him.
(11) The remuneration and charges
of the administrator pending suit
and the costs of applying for his
appointment may be paid out of the
estate or by the party ordered by
the court to pay the costs of the
action.
Rule 12—Special Grant in Respect
of Unadministered Assets (De-Bonis
Non).
Form 27.
(1) Where all, the persons to whom
a grant of probate has been made
have died without completing
administration and the chain of
representation has been broken a
grant with the will annexed shall
be made in respect of the
unadministered assets.
(2) Where all the persons to whom
a grant of administration has been
made have died without completing
the administration the court shall
make a grant in respect of the
unadministered assets.
Rule 13—Second Grants.
Where a limited grant was made to
one person for the use and benefit
of another and such person dies
before completing administration,
or where the original grant was
limited in time or until the
happening of an event and the time
expires or the event occurs the
court shall make a re-grant to
such person as is entitled to it.
Rule 14—Grants in Respect of small
Intestate Estates.
(1) Where the estate of a deceased
person does not exceed ¢100,000.00
in value it shall be lawful for
the Registrar of the District
Court which has jurisdiction in
respect of the estate to authorise
the person entitled to
administration, on such person
filing true inventory of the
estate and on his entering into a
bond as prescribed under these
Rules, to administer the estate
without the necessity for applying
for and taking out letters of
administration.
(2) The authority to be given by
the Registrar shall be as in Form
28 in the Schedule.
Rule 15—Caveat in Respect of Small
Intestate Estates.
(1) Before giving his authority
under rule 14 the Registrar shall
satisfy himself that no caveat has
been filed in respect of the
estate and shall decline to act if
there is a caveat.
(2) Where a caveat has been filed
or where the Registrar is in doubt
whether the applicant is entitled
to a grant or where it appears
that the right of the applicant to
a grant is disputed the Registrar
shall refuse to act and shall
forthwith bring the matter to the
notice of the Magistrate who shall
summarily determine who is
entitled to a grant and make a
grant accordingly.
ORDER 9—MISCELLANEOUS PROVISIONS
Rule 1—Forms in Schedule.
The forms specified in the
Schedule to these Rules shall be
used for the purposes specified in
relation thereto in these Rules.
Rule 2—Revocation.
(1) Order 60 of the High Court
(Civil Procedure) Rules, 1954
(L.N.140A) is hereby revoked.
(2) Order 50 in the Second
Schedule to Cap. 4 is hereby
revoked.
SCHEDULE
FORM 1
ORDER TO BRING IN PAPER PURPORTING
TO BE TESTAMENTARY
(ORDER 1 RULE 6)
Heading
The ............... day of
...................,
19............ To CD., of
............
WHEREAS it appears (by a certain
affidavit filed in this court on
the .................. day of
....................., 19 , and
made by ...................... of
.............. ), that a certain
original paper being or purporting
to be testamentary, namely (here
describe the paper), bearing date
the ................... day of
.............................,
19...... , is now in your
possession or under your control:
Now this is to command you that
within 8 days after service hereof
on you, inclusive of the day of
such service, you do bring into
and leave in this court the
original paper, or in case the
said original paper is not in your
possession or under your control,
that you within 8 days after
service hereof on you, inclusive
of the day of such service, you do
file in this court an affidavit to
that effect, and therein set forth
what knowledge you have of and
respecting the said paper.
(Signature of Judge or
Magistrate).
FORM 2
RENUNCIATION OF PROBATE OR
ADMINISTRATION (WITH WILL ANNEXED)
ORDER 1 RULE 7 (2)
Heading
WHEREAS A. B., late of
...........................,
deceased, died on
the................day of
........................at
having at the time of his death
his fixed place of abode
at................within the
jurisdiction of this court and
whereas he made and duly executed
his last will, dated
the.........day
of......................,
19....... , and thereof appointed
C.D. executor and residuary
legatee in trust (or as the case
may be).
Now I, the said C. D. , do hereby
declare that I have not
intermeddled in the personal
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 rights to probate of
the said will (and codicils, if
any) and to administration of the
said will (and codicils, if any)
annexed, of the personal property
of the deceased.
IN witness whereof I have hereto
set my hand this ..............
day of ......................, 19
...........................
Signed and delivered by the
above-named)
C.D. in
the presence of )
FORM 3
DECLARATION OF MOVABLE AND
IMMOVABLE PROPERTY OF A TESTATOR
OR AN INTESTATE
(ORDER 2 RULE 2)
The Administrator With Will
Annexed Or The Said Administrator
As The Case May Be. Oath Or Solemn
Affirmation As The Case May Be.
Heading
A
True Declaration of all movable
and immovable property of
....................late of
........................deceased
who died on the...............day
of............, 19........,
at.......................and had
at the time of his/her death
his/her fixed place of abode
at...........................,
within the jurisdiction of this
court, which have at any time
since his/her death come to the
possession or knowledge
of........................................the
made and exhibited upon and by
virtue of
the
of the......................of the
said........................................
as follows:
The Details Of The Deceased's
Movable And Immovable Property
Must Be Here Inserted (In As Many
Sheets Of Paper As May Be
Necessary) And Value Inserted
Opposite To Each Particular.
First. - WE/I declare that the
deceased was at the time of
his/her death possessed or
entitled to:
LASTLY. - WE/I say that no
movable or immovable property of
the deceased has at any time since
his/her death come to our/my
possession nor knowledge, save as
is herein before set forth.
On the.......................day
of.................. )
19 , the
said
)
were/was duly Sworn to
)
DEPONENT
(Solemnly affirm) the truth of the
above )
written inventory.
)
BEFORE ME,
(Person authorised to administer
Oaths).
FORM 4
NOTICE TO NEXT-OF-KIN
(ORDER 2 RULE 3 (5))
Heading
IN the matter of the estate
of..............................................
deceased TO THE NEXT-OF-KIN (if
any) and all other persons
claiming any interest in the
personal property of
...................................
late of
who died
at........................................
intestate on the...............
day of ........................ ,
19.............
TAKE NOTICE that letters of
administration of the personal
property of the above-named have
been applied for by
.....................................................
of
..................................
claiming to be
........................ of the
deceased and that unless a notice
to prohibit the grant is lodged in
the court
within..................days
from.............................letters
of administration will be granted
to the applicant.
Dated at
.............................. the
................ day of
..................................,19.................
................................................................
Registrar.
FORM 5
NOTICE OF FILING CAVEAT
(ORDER 2 RULE 4 (1))
Heading
IN the matter of A.B., deceased
....................................................................................................................................
Let nothing be done in the matter
of A.B., late of
....................................,
deceased, who died on the
.................. day
of
at
..................................,within
the jurisdiction of this court,
without warning being given to
C.D. of
...........................
Dated this ......................
day of
............................, 19
..........................
Signed.
FORM 6
NOTICE OF FILING CAVEAT
(ORDER 2 RULE 4 (5))
Heading
IN the matter of A.B., deceased.
To E.F. of
TAKE NOTICE that a caveat has been
entered by C.D., against the issue
of probate (or letters of
administration, as the case may
be) in the above-named matter and
that no further steps will be
taken in this matter until the
said C.D. has been duly warned in
accordance with the Rules of
Court.
Dated this
..................................
day of .........................,
19 ...........................
Registrar.
FORM 7
WARNING TO CAVEATOR
(ORDER 2 RULE 4 (9))
Heading
IN the matter of A.B., deceased.
To C.D. of
You are hereby warned within six
days after the service of this
warning upon you inclusive of the
day of such service, to come into
this court and to file therein an
affidavit setting forth your
interest in this matter, and in
default of your so doing, the
court will proceed to do all such
acts and things as shall be
necessary to be done in this
matter.
This warning is issued at the
instance of R.S., of
(Here state what interest R.S.
has, and if under a will or
codicil state its date).
Dated this .....................
day of
................................,
19 ........................
Registrar.
FORM 8
NOTICE TO EXECUTORS OR NEXT-OF-KIN
TO TAKE A GRANT
(ORDER 2 RULE 9 (1))
Heading
IN the matter of the estate of A.B.,
deceased.
To C.D. of
...............................................
one of or the executor(s) named in
the last will and testament of our
next-of-kin of A.B. late of
...................................................
who died on
........................ day of
...................... , 19
....................., and who at
the time of his/her death had
his/her fixed place of abode at
.............................................
TAKE NOTICE that within 14 days of
service hereof you shall under the
rule of Court named herein either
apply for a grant of
probate/letters of administration
or renounce probate/your right to
take out letters of
administration.
THIS NOTICE is issued at the
instance of R.S.,
of...............................................................................
one of the executors named in the
said will of A.B. deceased or as
son/daughter/father/mother, etc. ,
and one of the next-of -kin of the
said deceased.
Dated at
................................
this ............. day of
......................,19
.................................
Signed by the within named
R.S.
(An executor named in the will of
or as next-of-kin of A.B.
Deceased)
In the presence of:
Signature:
Name:
Address:
AND TO
THE REGISTRAR OF COURT.
FORM 9
AFFIDAVIT OF FINDING AND CONDITION
OF WILL
(ORDER 3 RULE 3(4))
Heading
IN the matter of A.B. deceased
...............................................................
I, C.D., of
...............................................,
make oath and say that I am the
sole executor of the person named
in the paper writing hereto
annexed purporting to be the last
will of A.B., late of
......................................,
deceased (who died on the
................. day of
..............................,
and had at his death his fixed
place of abode at
within the
jurisdiction of this court), the
said will bearing the date
day of beginning
thus ending
thus
, being signed thus A.B., and the
(here describe the finding of the
will, and the various
obliterations, interlineations,
erasures, and alterations, if any,
and the general condition of the
will and state any other matters
required to be accounted for, and
if possible clearly trace the will
from the possession of the
deceased in his life time up to
the time of the making of this
affidavit), and I lastly say that
the same paper writing is now in
all respects in the same condition
as when found (or as the case may
be).
Sworn at
..............................
this .................... day of
.......................... 19
........................,
C.D.
FORM 10
ATTESTATION CLAUSE AND WITNESSES
(ORDER 3 RULE 3 (5))
Heading
IN the matter of
................................................................
, deceased.
I,
...................................................................
make oath and say that I am one of
the subscribing witnesses to the
last will (or codicil, as the case
may be) of
..............................................
late of
................................,
deceased, the said will (or
codicil) being now hereto annexed,
bearing
date..................................,
and that the testator executed the
said will (or codicil) being now
hereto annexed, bearing date
............................., and
that the testator executed the
said will (or codicil)on the day
of the date thereof, by signing
his name at the foot or end
thereof (or in the testimonium
clause thereof, or in the
attestation clause thereto, as
the case may be) and the same now
appears thereon* in the presence
of me and
of
the other subscribed witness
thereto both of us being present
at the same time, and we thereupon
attested and subscribed the said
will (or codicil) in the presence
of the testator.
Sworn at
..............................
this .................... day of
.......................... 19
........................,
*If the signature is in the
testimonium clause, or attestation
clause, insert "intending the same
for his final signature of his
will".
FORM 11
AFFIDAVIT OF HANDWRITING
(ORDER 3 RULE 3(5))
Heading
IN the matter of A.B.,
deceased
I, C.D. of
make oath and
say I knew and was well acquainted
with A.B. , late of
,
deceased, who died on the
day of ,
at
, for many
years before (and down to*) his
death, and that during that time I
had frequently seen him write and
sign his name, whereby I have
become well acquainted with his
handwriting and signature, and
having now with care and attention
inspected the paper writing hereto
annexed purporting to be the last
will of the said A.B., beginning
thus ending thus
dated
the day
of and
signed thus A.B., I say that I
believe (the whole body and
contents of the said will, as the
case may be together with the
signature of A.B., thereto to be
of the hand writing of the said
A.B., deceased.
Sworn at
..............................
this .............. day of
.......................... 19
................
Before me
C.D.
Commissioner for oaths.
*State the period of knowledge
specifically.
FORM 12
OATH FOR EXECUTOR
(ORDER 3 RULE 7)
Heading
IN the matter of A.B., deceased.
I, C.D. of
.......................................................,
make oath and say that I believe
the paper writing (or the paper
writings) hereto annexed, and
marked by me, to contain the true
and original last will (or last
will with codicils) of A.B. late
of
........................................
deceased, and that I am the sole
executor (or one of the executors)
therein named (or executor
according to the tenor thereof,
executor during life, executrix
during widowhood, or as the case
may be, and that I will faithfully
administer the personal property
of the testator by paying his just
debts, and the legacies given by
his will (or will and codicils),
so far as his personal property
shall extend and the law bind me;
that I will exhibit an inventory,
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 that the whole of his
personal property does not amount
in value to the sum of
.................................
cedis, to the best of my
knowledge, information, and
belief.
Sworn at, etc.
C.D.
FORM 13
OATH FOR ADMINISTRATOR WITH WILL
ANNEXED
(ORDER 3 RULE 7)
Heading
IN the matter of A.B., deceased.
I, C.D.
of
make oath and say that I
believe the paper writing (or the
paper writings) hereto annexed,
and marked by me to contain the
true and original last will (or
will with codicils) of A.B. late
of
deceased; that the executor named
therein is dead, without having
taken probate thereof` (or as the
case may be); that I am the
residuary legatee in trust named
therein (or as the fact may be);
that I will faithfully administer
the personal property of the
testator by paying his just debts
and the legacies given by his will
(or will with
codicils), so
far as his personal property shall
extend and the Law bind me, and
distributing the residue of his
personal property according to
Law; that I will exhibit an
inventory and render an account of
my administration whenever
lawfully required; that the
testator died at on
the
,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 personal
property does not amount in value
to the sum of
cedis, to
the best of my knowledge,
information, and belief.
Sworn at, etc
C.D.
FORM 14
DOUBLE PROBATE
(ORDER 3 RULE 9)
Heading
Sworn Under ¢ and that the
intestator died onoOr about
the day of
19 .
BE IT KNOWN, that on the
day of ,
19 , the last will (with
codicils) of A.B., late
of
, deceased who died on
at
, and who at 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
administration of his personal
property, and in any way
concerning his will, was granted
by the court to C.D., one of the
executors named in the said will
(or codicil), he having been first
duly sworn, power being reserved
of making the like grant to E.F.,
the other executor named in the
said will. And be it further known
that on the day
of ,
19 , the said will of the
said deceased was also proved in
this court and the like
administration was granted by this
court to the said E.F., he having
been first duly sworn.
(Seal of Court)
.....................................
Signature of Registrar.
FORM 15
ADMINISTRATION BOND
(ORDER 5 RULE 2)
Heading
KNOW ALL MEN, by these presents,
that we, C.D.,
of O.P.,
of
and Q.R., of are
jointly and severally bound unto
G.H., the Registrar of the court,
in the sum of cedis, to be paid
to the said G.H., or the 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 C.D., the intended
administrator of the personal
property of A.B., late
of ,
deceased, who died on the
day of (left
unadministered
by )
do make a true and perfect
inventory of the personal property
of the deceased (so left
unadministered) 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 court whenever
required by law so to do; and the
same personal property, and all
other the personal property of the
deceased, which shall at any time
after the making and exhibition of
such inventory, come into the
possession of the said A.B. , 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 personal 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
executor or executors or other
persons therein named, do exhibit
the same for probate, then, if the
said C.D., being thereunto
required, do duly render and
deliver up the letters of
administration granted to him,
then this obligation shall be
void, otherwise shall remain in
full force.
(LS)
(Signature of obligants) (LS)
(LS)
Signed, Sealed and delivered )
in the presence
of )
FORM 16
ADMINISTRATION BOND (WITH WILL
ANNEXED)
(ORDER 5 RULE 2)
Heading
KNOW ALL MEN, by these presents,
that we, C.D., of
, O.P.,
of and Q.R.
of are jointly and
severally bound unto G.H. , the
Registrar of the court in the sum
of cedis, to be
paid to
the said
G.H., or the Registrar of the said
court for the time being; for
which payment we bind ourselves
and each of us for himself in the
whole, ours and each of our heirs,
executors, and administrators,
firmly by these presents.
Sealed with our seals.
Dated day
of ,19 .
The condition of the above-written
obligation is such, that if the
above named C. D. the intended
administrator, with will annexed,
of the personal property of A.B.,
late of deceased, who
died on the day
of
do make a true and personal
property of the deceased (left
unadministered
by
) 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
court
at
whenever required by law so to do,
and the same personal property (so
left unadministered) and all other
personal property of the deceased,
which shall at any time after the
making and exhibition of such
inventory come into the possession
of the said A.B., or of any
persons 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
personal property will extend and
the law bind him, and all the
residue of the said personal
property shall deliver and pay to
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.
(LS)
(Signatures of obligants) (LS)
(LS)
Signed, Sealed and delivered
in the presence of.
FORM 17
JUSTIFICATION OF SURETIES
(ORDER 5 RULE 2)
Heading
IN the matter of A.B. deceased.
We, O.P., of ,
and Q.R.,
of
severally make oath and say that
we are the proposed sureties in
the penal sum of
cedis, on behalf of C.D., (the
intended administrator of the
personal property of A.B., late
of
deceased, for his faithful
administration thereof), and I,
the said O.P., 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 , and I, the
said Q.R., 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
Sworn by the deponents, O.P. and
Q.R. at ) O.P.
this day
of ,
19 ) Q.R.
Before me.
FORM 18
AFFIDAVIT OF INCREASE OF ESTATE
(ORDER 5 RULE 2(5))
Heading
IN the matter of A.B., deceased.
I
, of
(here state occupation)
make oath and say as follows:
That on the day
of , 19
, letters of administration of the
personal estate
of , deceased,
were granted to me by this
Honourable Court.
That the gross value of the said
estate was sworn to amount to ¢
That I have since discovered that
the value of the said estate
exceeds that amount and the gross
value thereof is ¢
Sworn at, etc.
(Signed).
FORM 19
ASSIGNMENT OF BOND
(ORDER 5 RULE 2(8))
Heading
KNOW ALL MEN by these presents,
that I
(description or
designation of Registrar) of the
(name the Court) pursuant to order
5 rule 2 (8) of the Probate and
Administration Rules, have
assigned and by these presents do
assign to C.D. of (address of
assignee) (occupation of
assignee), the annexed bond
bearing date day of
,19 , with power to sue on the
bond in his own name and to
recover thereon, as trustee for
all persons interested, the full
amount recoverable in respect of
the breach of the undertaking in
the bond.
Dated at
this day
of
19
LS
Registrar
Signed, Sealed and delivered by
the within named B.C.,
in the presence of
FORM 20
NOTICE OF PROCEEDINGS
(ORDER 6 RULE 4(1))
Heading
WHEREAS it appears that a probate
action has been started in the
court in
accordance with the Writ of
Summons attached hereto; and
whereas it appears that you are
one of the persons who are
interested in the estate of the
said deceased:
Take notice that if you wish to be
heard at the trial of the action
you should apply to the court
either personally or by your
solicitor to be added as a party
to the action.
And take notice that in default of
your so doing the court will
proceed to hear the said action
and pronounce judgement therein in
your absence.
Dated day
of
,19 .
Signed A.B. & Co.
Address
Plaintiff Solicitors.
FORM 21
AFFIDAVIT OF TESTAMENTARY SCRIPT
(ORDER 6 RULE 7 (2))
Heading
I, C.D.,
of the
plaintiff (or defendant) in this
action make oath and say as
follows:
I
have no knowledge of any document
being or purporting to be, or
having the form or effect of, a
will or codicil, or other
testamentary script of A.B., late
of ,
deceased, the deceased in this
action, or being or purporting to
be a draft of any will, codicil or
other testamentary instrument of
the said deceased or written
instructions for such an
instrument made by or at the
request of or under the
instructions of the said deceased
or being or purporting to be
evidence of the contents, or to be
a copy, of any will, codicil or
other testamentary instrument of
the said deceased which is alleged
to have been lost or damaged, save
and except the true last will of
the said deceased now produced and
shown to me, the said will bearing
date day of
19 [also save and except]
Sworn, etc.
*Here add the dates and
particulars of all other
testamentary scripts of which the
deponent has any knowledge: any
such script which is in the
possession or under the control of
the deponent being referred to in
the affidavit. If any such script
is not in his possession or under
his control the deponent must give
the name and address of the person
in whose possession or under whose
control it is, or if he does not
know this, must state that he does
not know the name and address of
that person.
FORM 22
POWER OF ATTORNEY TO TAKE
ADMINISTRATION
(ORDER 8 RULE 2)
Heading
WHEREAS A.B., of deceased, died
on day of , 19
intestate, leaving C.D., his
lawful widow and relict (and the
only person now entitled to his
estate):
NOW, I, the said C.D. , at
present residing at do hereby
nominate, constitute and appoint
E.F. of (occupation), and G.F. of
(occupation) to be my lawful
attorneys for the purpose of
obtaining letters of
administration of the estate of
the said deceased, to be granted
to them by the court for my use
and benefit, and until I shall
obtain letters of administration
of the said estate: And I hereby
promise to ratify and confirm
whatever my said attorneys shall
lawfully do or cause to be done in
the premises.
In witness whereof I have hereunto
set my hand and seal this
day of ,19 .
Signed, Sealed and delivered by
the said C.D. ) L.S.
in the presence of
)
FORM 23
POWER OF ATTORNEY TO TAKE
ADMINISTRATION
(WITH WILL ANNEXED) GIVEN BY
EXECUTORS
(ORDER 8 RULE 2)
Heading
WHEREAS A.B.,
of
deceased, died on the day of
, 19 ,
having made and duly executed his
last will and testament, bearing
date the day of
,19 , and thereon appoint
C.D. and E.F. executors:
Now we, the said C.D. and E.F at
present residing at and
respectively do hereby nominate,
constitute, and appoint GH. of to
be our lawful attorney for the
purpose of obtaining letters of
administration (with the said will
annexed) of the estate of the said
deceased to be granted to him by
the court for our use and benefit,
and until we shall obtain probate
of the said will* and we hereby
promise to ratify and confirm what
our said attorney shall lawfully
do or cause to be done in the
premises.
In witness whereof we have hereon
to set our hands and seal this
day of 19 .
Signed, Sealed and delivered by
the said C.D. ) LS
and E.F. in the presence of
)
Name:
Address:
Occupation:
*[Where the power is given by more
than four executors, the
limitation in the instrument must
be 'until any of us, not exceeding
four in number shall obtain'].
FORM 24
AFFIDAVIT TO LEAD THE COURT'S
ORDER ASSIGNING GUARDIANS TO MINOR
FOR THE PURPOSE OF TAKING
ADMINISTRATION OR PROBATE
(ORDER 8 RULE 3 (1))
Heading
WE, C.D. of
...............................,
and E.P., of
.............................
jointly and severally make oath
and say that A.B.
of died on
the...............day of
.....................,
19..........,
at...............................intestate
a widower, domiciled
in , leaving
G.B. his lawful son (one of the
persons entitled to his estate) .
That there is no statutory,
testamentary or other lawfully
appointed guardian of the said
minor.
That we the lawful grandparents
(or the lawful uncle and aunt of
the whole blood, or as the case
may be) (and nearest-of-kin) of
the minor [or]
That J.K. the Lawful grandfather
and only nearest-of-kin of the
said minor has renounced his right
to the guardianship of the said
minor. (Here state who has had the
care and charge of the minor since
the death of the deceased, and any
other relied on in support of the
application).
That the gross value of the estate
of the said deceased is ¢
..................................and
that after the deduction of debts
and encumbrances the value of the
estate is ¢
That we hereby apply for an order
assigning us as guardians of the
said minor and until he shall
attain full age.
Sworn, etc.
[NOTICES: This form should be
adapted in accordance with the
circumstances. If both parents of
the minor are alive, the affidavit
should state the reason why they
do not apply jointly for the
grant.
If there is a statutory or other
lawful appointed guardian, unless
such guardian has renounced the
guardianship it should be shown
for what reason it is desired to
pass him or her over.
The form can be adapted to the
case of the minority of a sole
executor or residuary legatee or
other person entitled to a grant
where the deceased died
intestate].
FORM 25
ADMINISTRATOR'S CASH ACCOUNT
(ORDER 8 RULE 11 (5))
Heading
THE (first) account of XY, the
administrator appointed by order
dated the day
of , 19
from the day of ,
19 to day of
, 19 both dates inclusive.
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No. of Item |
Date when received |
Names of Persons from whom
received |
On what account received |
Amount received |
No of Item |
Date when paid or allowed |
Names of Persons to whom paid
or allowed |
For what Purpose paid or
allowed |
Amount paid or allowed |
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FORM 26
ADMINISTRATOR'S INVENTORY
(ORDER 8 RULE 11(6))[sic]
Heading.
Inventory as at the........... day
of ............................,
19...........
|
Particulars of property in
estate |
Date of disposal |
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FORM 27
LETTERS OF ADMINISTRATION DE BONIS
NON
(ORDER 8 RULE 12)
Heading
Sworn under ¢
........................and that
the testator died on or about the
day
of.....................19..........
BE IT KNOWN, that A.B., late of
deceased, died on 19 at intestate,
and had at the time of his death
his fixed place of abode at within
the jurisdiction of this court,
and that since his death, namely
on the day of , 19 , letters of
administration of his personal
property were granted by this
court to D.C. , (insert the
relationship or character of
administrator) which letters of
administration now remain on
record in this court, who, after
taking such administration upon
him, partly administered the
personal property of the deceased
and afterwards, namely
on..................................,
died leaving part thereof
unadministered, and that on
the..............day
of.............,19......., letters
of administration of the personal
property so left unadministered
were granted by this court
to.............................................,
he having been duly sworn.
(Seal of Court)
(Signature of Registrar).
FORM 28
GRANTS IN RESPECT OF SMALL ESTATES
(ORDER 8 RULE 14(1))
IN exercise of the powers
conferred on me by Rule 14 of
Order 8 of the Probate and
Administration Rules
...................... Registrar
of District Court
................. in the
........... Region hereby
authorise ................... of
...................................
the persons entitled to the
administration thereof of
administer the estate of
................................
late of .........................
deceased who died on the ........
day of ............. 19 .........
the said having entered into the
required bond for the due
administration of the estate.
Dated at ........................
this........day of
...................................
.......................................
Registrar, District Court
Mr. Justice P.E. Archer, Chief
Justice . . .
. . Chairman
Mr. Justice I.N.K. Wuaku .
. . . .
. . Member
E.G. Tanoh, Attorney-General .
. . . .
. . Member
Mr. Justice A.K.B. Ampiah .
. . . .
. . Member
Doris Ocansey . . .
. . . .
. . . . Member
B.A. Yakubu . . .
. . . .
. . . . Member
A.K. Mmieh . . .
. . . .
. . . . Member
P.D.K. Abiwu . . .
. . . .
. . . . Member
A.S. Kpodonu . . .
. . . .
. . . . Member
K.A. Kwadu-Amponsem .
. . . .
. . .Member
George Agyekum .
. . . .
. . . . Member
R.B.W. Hesse . . .
. . . .
. . . . Member
B.A.K. Griffin . . .
. . . .
. . . . Member
S.A. Owusu . . .
. . . .
. . . . Member
Date of Gazette Notification:
17th May, 1991.
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