ORDER 50

PROBATE ACTIONS

1. (a) Any person desirous of taking proceedings in the court for the purpose of obtaining a grant, or revocation of a grant, of probate or letters of administration shall issue a civil bill in the form prescribed in Form 2G of the Schedule of Forms; such civil bill shall be headed with the words ‘Testamentary Civil Bill.’ Save in relation to proceedings aforementioned, any person desirous of taking proceedings in the court pursuant to the provisions of the Succession Act, 1965 shall issue a civil bill in the form prescribed in Form 2H of the Schedule of Forms; such civil bill shall be headed with the words ‘Succession Law Civil Bill’. On issuing a testamentary civil bill the plaintiff shall, if no caveat has already been lodged, lodge a caveat in the Probate Office entitled in the estate of the deceased person. Following the issuing of the testamentary civil bill, details of the lodgment of the caveat shall be endorsed thereon by the Probate Officer prior to service thereof. Thereafter, the caveat lodged in the matter will continue in force until the Probate Office is satisfied that the proceedings have been completed whether determined, discontinued or otherwise.

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