(6) The oath of administrator and of administrator with the will annexed must be so worded as to clear off all persons having a prior entitlement to the grant. (7) Where the deceased died on or after 29 January 1976 wholly intestate— the wording in the following table must be used in the oath to clear off all persons having a prior entitlement to the grant under subrule 34(1): TABLE Applicant for grant of letters of Wording administration In order to clear off the persons having the prior entitlement to the grant it must be sworn in the oath that the deceased died - 1 spouse or domestic partner “intestate” 2 child, or issue of a child a widower [widow] [divorced “intestate person] [single person] without any Note: where a grandchild or other person entitled in priority to share remoter issue apply for in his [or her] estate by virtue of any administration the enactment.” beneficial interest of the applicant must be established in the oath. Refer to note under of “Issue a in rule 14. child” 3 parent a widower [widow] [divorced “intestate person] [single person] without issue or any other person entitled in priority to share in his [or her] estate by virtue of any enactment.” 4 brother or sister, or issue of a widower [widow] [divorced “intestate a brother or sister person] [single person] without issue or a parent or any other person entitled in Note: where a nephew or priority to share in his [or her] estate by niece or remoter issue apply virtue of any enactment.” for administration the beneficial interest of the applicant must also be established in the oath. Refer to note under of “Issue a brother or in sister” rule 14.
(6) The oath of administrator and of administrator with the will annexed must be so worded as to clear off all persons having a prior entitlement to the grant. (7) Where the deceased died on or after 29 January 1976 wholly intestate— the wording in the following table must be used in the oath to clear off all persons having a prior entitlement to the grant under subrule 34(1): TABLE Applicant for grant of letters of administration Wording In order to clear off the persons having the prior entitlement to the grant it must be sworn in the oath that the deceased died - 1 spouse or domestic partner “intestate” 2 child, or issue of a child Note: where a grandchild or remoter issue apply for administration the beneficial interest of the applicant must be established in the oath. Refer to note under “Issue of a child” in rule 14. “intestate a widower [widow] [divorced person] [single person] without any other person entitled in priority to share in his [or her] estate by virtue of any enactment.” 3 parent “intestate a widower [widow] [divorced person] [single person] without issue or any other person entitled in priority to share in his [or her] estate by virtue of any enactment.” 4 brother or sister, or issue of a brother or sister Note: where a nephew or niece or remoter issue apply for administration the beneficial interest of the applicant must also be established in the oath. Refer to note under “Issue of a brother or sister” in rule 14. “intestate a widower [widow] [divorced person] [single person] without issue or a parent or any other person entitled in priority to share in his [or her] estate by virtue of any enactment.”
Supreme%20Court%20Probate%20Rules%202015.docx