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High Court Registry Probate

Probate Procedure

The Probate Division is governed by the following laws:

  • Succession, Probate & Administration Act, Cap 60
  • High Court Rules- Order 76
  • Non- Contentious Probate Rules 1988

Also applicable are:

  • Chief Registrars direction 02/1994
  • Tristam and Cootes on Probates Practice 1998
  • When to apply for a Probate?

    An application for a grant of Probate can be made for the estate of a deceased person whose estate (properties) is worth over $2000.

    What is the difference between Testate and intestate?

    Testate is when the deceased had made a valid Will while intestate is when a person dies without making a Will. In the case of an intestate, the provisions of Succession, Probate & Administration Act, Cap 60 applies regarding distribution of the Estate. Any person within that falls within section 7 of Succession, Probate & Administration Act, Cap 60 may apply, (such as husband or wife of deceased, or if no husband or wife, then the next of kin or any other person being not less than 21 years of age).

    Types of Probate Grants and the required documents:

    NB: All documents filed should be original (unless otherwise by order of the court or stated in the rules)

    1. Probate - Testate

    • Oath of executor (includes Death Certificate and Advertisement)
    • Will

    2. Letters of Administration - Intestate

    • Oath of Administration (includes Death Certificate, Children’s Birth Certificate, Marriage Certificate (if applicable) and Advertisement)
    • Administration Bond
    • Justification of Sureties

    3. Letters of Administration (with Will)

    This application is made in the event the Executor/ Trustee has died or has renounced his/ her interest in the Estate. In this case, the beneficiaries are entitled to apply for Letters of Administration (with Will).

    • Oath of Administration (includes Death Certificate, Marriage Certificate, Children’s Birth Certificate, Deed of Renunciation, Advertisement)
    • Will

    4. Letters of Administration - De - Bonis Non

    Where the Administrator has died without administering the Estate, the next person entitled, can apply for Letters of Administration- De-Bonis Non.

    • Oath of Administration (includes Death Certificate of deceased & Administrator, Children’s Birth Certificate, Certified copy of prior grant and Advertisement)
    • Administration Bond
    • Justification of Sureties

    5. Letters of Administration De - Bonis Non (with Will)

    Where the Executor/Trustee died without administrating the estate of the deceased, a beneficiary can apply for Letters of Administration De - Bonis Non to administer the Estate.

    • Oath of Administration (includes Death Certificate of deceased & Administrator, Children’s Birth Certificate, certified copy of prior grant and Advertisement)
    • Copy of Will
    • Administration Bond
    • Justification of Sureties

    6. Reseal

    Where a deceased has assets in Fiji but Probate/ Letters of Administration have been granted in an overseas jurisdiction, the Executor/ Trustee is required to ‘reseal’ the said Probate/ Letters of Administration in Fiji.

    • Oath of Executor (includes Death Certificate, Advertisement, Gazette Notice)
    • Grant of Probate or Letters of Administration from overseas jurisdiction

    7. Election

    When the estate value is less than $2000-00, the Public Trustee Corporation Limited has to file an application for election on behalf of the applicant (executor/trustee)

    What is a Caveat?

    Pursuant to section 46 of Succession, Probate & Administration Act, Cap 60 Any person may lodge with the Registrar a caveat against any application for probate or administration, or for the sealing of any probate or letters of administration under the provisions of this Act, at any time previous to such probate or administration being granted or sealed. Any such caveat is valid for 6 months unless extended. The removal of caveats is pursuant to Section 44 of the Non-Contentious Probate Rules or section 47 of the Succession, Probate & Administration Act, Cap 60.

    Media Release

    Address by the Chief Justice
    Mr. Justice Anthony Gates at the swearing-in ceremony

    of Commissioners for Oaths
    Friday 6th June 2014 in High Court 2

    Click here to view/download the Address by the Chief Justice.