(b) letters of administration with the will annexed where the residuary estate has not been disposed of by the will and the applicant is a person entitled to share in the residue of the estate not so disposed of, must be described in the oath in the manner shown in the following table— TABLE 1 A husband “ “the widower” A wife “the widow” A domestic partner “the domestic partner” Notes: and the widower, widow or domestic partner shall be further described in (i) a person may only be the oath as: described in an oath as a (i) one of the persons entitled of the “domestic partner” “and to share in the or deceased if a declaration estate”, to that effect has been (ii) the only person now “and made by a Court of entitled to the (i.e. estate”, competent jurisdiction. A where the value of the intestate copy of such order must estate as ascertained in be annexed to the oath. accordance with section 72F of (ii) is the Act does not exceed the “Prescribed amount” defined in section 72G(2) prescribed amount and there is of the Act. a person who may become entitled to share in the estate in the event of an accretion or thereto), (iii) only person entitled to the “and estate” as the case may be. 2 A child (or daughter) and only person “a son entitled to the (or or estate”, “a son daughter) and one of the persons entitled to share in the estate”. 3 Issue of a child grandson (or granddaughter) and “a only person entitled to the or estate”, Note: in the case of grandson (or granddaughter) and “a grandchildren or remoter one of the persons entitled to share in issue it must be shown in the the estate.” oath that the applicant has a beneficial interest in the estate, i.e., that the deceased died without child. In such case the following wording is a to be used – “intestate widow without child or any
(b) letters of administration with the will annexed where the residuary estate has not been disposed of by the will and the applicant is a person entitled to share in the residue of the estate not so disposed of, must be described in the oath in the manner shown in the following table— TABLE 1 A husband “ “the widower” A wife “the widow” A domestic partner Notes: (i) a person may only be described in an oath as a “domestic partner” of the deceased if a declaration to that effect has been made by a Court of competent jurisdiction. A copy of such order must be annexed to the oath. (ii) “Prescribed amount” is defined in section 72G(2) of the Act. “the domestic partner” and the widower, widow or domestic partner shall be further described in the oath as: (i) “and one of the persons entitled to share in the estate”, or (ii) “and the only person now entitled to the estate”, (i.e. where the value of the intestate estate as ascertained in accordance with section 72F of the Act does not exceed the prescribed amount and there is a person who may become entitled to share in the estate in the event of an accretion thereto), or (iii) “and only person entitled to the estate” as the case may be. 2 A child “a son (or daughter) and only person entitled to the estate”, or “a son (or daughter) and one of the persons entitled to share in the estate”. 3 Issue of a child Note: in the case of grandchildren or remoter issue it must be shown in the oath that the applicant has a beneficial interest in the estate, i.e., that the deceased died without child. In such case the following wording is to be used – “intestate a widow without child or any “a grandson (or granddaughter) and only person entitled to the estate”, or “a grandson (or granddaughter) and one of the persons entitled to share in the estate.”
Supreme%20Court%20Probate%20Rules%202015.docx