How to apply for dispensation of sureties for Grants of Letters of Administration?

/How to apply for dispensation of sureties for Grants of Letters of Administration?

How to apply for dispensation of sureties for Grants of Letters of Administration?

For death after 14 February 2008, an application for the dispensation of sureties pursuant to section 29(3) of the Probate and Administration Act (Cap. 251) shall be made by way of a summons supported by an affidavit deposed to by all the administrators and co-administrators (if any) stating the following:

  1. the date of the death of the deceased;
  2. the efforts made to find sureties and/or why sureties cannot be found;
  3. who the beneficiaries are, their shares to the estate, ages, and whether the adult beneficiaries consent to the dispensation;
  4. whether there are beneficiaries who are minors or beneficiaries who lack capacity within the meaning of the Mental Capacity Act (Cap. 177A), the
    names of such beneficiaries, the relationship of the administrators and co-administrators (if any) to such beneficiaries and the steps that will be taken to
    protect the interests of such beneficiaries;
  5. whether the estate has any creditors for debts not secured by mortgage, the amount of the debt owed to them, and whether these creditors consent to the
    dispensation;
  6. the consents in writing of all adult beneficiaries to the dispensation of sureties, duly signed in the presence of a solicitor or any person before whom an affidavit can be sworn or affirmed, shall be filed with the application for dispensation of sureties; and
  7. any other information which may be relevant to the application.

[Source: Para. 69 Family Justice Courts Practice Directions 2015]

2016-06-28T01:58:20+00:00

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