Appendix 11: Rules under the Probates (Re-sealing) Law, 1936

• Author: Karen Nunez-Tesheira
• Pages: 638-639

638 / Probate Practice and Procedure

Appendix 2

Rules under the Probates

(Re-Sealing) Law, 1936

[See Jamaican Gazette of 18.2.1987.]

1.Application to seal a grant of Probate of Letter of Administration or a

copy thereof under the Probates (Re-Sealing Law 1986 may be made

to a Judge in Chambers by the Executor or Administrator or the

Attorney (lawfully authorised for the purpose) of such Executor or

Administrator, either in person or through a Solicitor.

2.Such application shall be accompanied by an oath of executor,

Administrator or Attorney in the form of the Schedule hereto or as

nearly thereto as the circumstances of the case will allow.

3.The Judge is to be satisfied that notice of such application in the form

in the Schedule hereto has been duly advertised.

4.On every application to seal a grant of Probate pursuant to ‘The Probate

(Re-Sealing)’ Law 1936, the Executor or his Attorney shall give Bond

(with one surety) in the form set out in the Schedule hereto. Such

Bond shall be in a penalty of the same amount as the value of the estate

and effects of the deceased in this Island in addition to double the

gross annual value of the real estate of the deceased in the island.

5.On application to seal Letter of Administration the Administrator or

his Attorney shall give Bond in the form set out in the Schedule hereto

in a penalty of double the amount of the alleged value of the personal

estate and effects of the deceased in this Island in addition to double

the gross annual value of the real estate of the deceased in this Island.

6.Application by a creditor under Section 5 of The Probates (Re-Sealing)

Law 1936, is to be made by Summons before the Judge, supported by

an affidavit setting out particulars of the claim.

7.In every case and especially when the domicile of the deceased at the

time of death as sworn in the affidavit differs from that suggested by

the description in the grant, the Judge may require further evidence as

to domicile.

8.If is should appear that the deceased was not at the time of death

domiciled within the jurisdiction of the Court from which the grant

issued, the seal is not to be affixed unless the grant is such as would

have been made by the Supreme Court of Judicature of Jamaica.