Bailasi, In re [2019] PGNC 327; N7960 (11 July 2019)

N7960

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

WPA NO. 36 OF 2019
IN THE MATTER OF THE ESTATE OF HENRY BAILASI LATE OF DIVINA, FORMER PROVINCIAL ADMINISTRATOR (MILNE BAY)

AND
THE WILLS, PROBATE AND ADMINISTRATION ACT CH. 291

Alotau: Toliken J.
2019: 14^th June, 11^th July

WILL AND PROBATE – Application for probate – Probate – Not contested - Granted – Wills, Probate and Administration Act Ch. 291, s 38, Order 19 Div.3 – Rules 7,8,9,10,11,13, 24.

Cases Cited:

Nil

Counsel:

M Arua, for the Plaintiff

JUDGMENT

11^th July, 2019

1. TOLIKEN, J: The Plaintiff Gladys Bailasi, the Executor named in the Will of Henry Bailasi (Testator) late of Divinai Village, Alotau, Milne Bay Province applies for grant of probate of the will to her pursuant to Section 38 of the Wills, Probate and Administration Act Ch. 291 and Order 19 of the National Court Rules . The application is not contested.
   
2. The application first came before me on 04^th June 2019. Mr. Arua applied for and was granted an adjournment to allow the Plaintiff to file a further affidavit to explain the delay in commencing these proceedings as provided by Order 19 r 11 since these proceedings were commenced more than six months after the passing of the Late Bailasi. The Plaintiff and one Kay Bailasi duly filed affidavits explaining the delay.
   
3. When the matter returned on 14^th June 2019, I was satisfied as to the reasons for the delay and proceeded to hear the Plaintiff.
   
4. Having heard the Plaintiff I am satisfied that all conditions precedent to grant of probate to the Plaintiff have been complied with by supporting affidavits.
   
5. There are no questions about the identity of either the deceased or the Plaintiff. (Order 19 r 13) The deceased was formerly a Provincial Administrator for Milne Bay Province and hailed from Divinai Village, Alotau, Milne Bay Province. The Plaintiff is the widow of the deceased and also comes from Divinai Village. Relevant affidavits have been filed attesting to the identification of the Late Henry Bailasi.
   
6. Pursuant to Order 19 r 24 the following have been established by relevant supporting affidavits:
   
   • The full residential address of the Plaintiff being Divinai Village, Alotau District, Milne Bay Province.
   • The Testator had left a will dated 22^nd November 2012 in which he appoints the Plaintiff as Executor of his will. He further gave, devised and bequeathed the whole of the remainder of his estate after payment of funeral expenses, State taxes, Inheritance and succession taxes, administration costs and all debts, to the Plaintiff.
   • The will was witnessed by attesting witnesses namely the Plaintiff and Mr. Simon Alberic formerly Legal Officer to Milne Bay Provincial Government.
   • The Testator was married to the Plaintiff Gladys Bailasi (nee Arioka). They were married in accordance with the Rites of the Kwato Church on 10^th December 1988. There is no evidence that the Testator remarried after making the will.
   • The deceased had left an estate within Papua New Guinea (both real and personal) estimated to be under the value of K850,000 as follows:
     • (i) Interest Bearing Deposit with Westpac Bank, Alotau, which as of February 2018 held K71777.59
     • (ii) A holding account with Westpac Bank, Alotau for receipt of property rental revenue which held K7,941.02 as of February 2018
     • (iii) Residential property at Section 73 Allotment 32, KB, Alotau, Milne Bay Province.
     • (iv) Motor Vehicle – Toyota Hiace Bus - Reg. No. FAB 106
     • (v) Motor Vehicle – Isuzu NPR PMV Truck – Reg. No. BEJ 215
     • (vi) Motor Vehicle – Toyota Fortuna IMV4 Wagon – Reg. No. CAT 012
     • (vii) Outstanding final entitlements claim against the State of K84,552.11 arising from the revocation and termination of employment as Provincial Administrator for Milne Bay Province.
   • The Plaintiff is over 21 years of age.

• The Notice of Intention to Apply for Probate was published in the Post Courier on Tuesday, April 9 2019.
• Since the publication of the Notice no caveat relating to the notice had been lodged by persons having interest in the estate of the deceased.
• There is also no will existing or deposited with the Registry which superseded the will of 22 November 2012.
• The Testator had died on 01^st June 2018 which is evidence by the Medical Certificate of death by Dr. Waro of the Alotau General Hospital and an Official Certificate of Death Entry by the Registrar General dated 20^th November 2018.
  

7. I am finally satisfied that the Plaintiff has made an Oath of Office to duly administer the estate of the deceased according to law and that she will give or render a just and true account of the administration of the will to this Court within 12 months from the date of grant of probate.
   
8. Based on the foregoing and on being satisfied that there is no other legal impediments for grant of probate, I hereby order that probate be granted to the Plaintiff Gladys Bailasi of Divinai Village, Alotau, Milne Bay Province for the administration of the will of her late husband Henry Bailasi also late of Divinai Village, Alotau, Milne Province.
   

Ordered accordingly.
_______________________________________________________________
Alberic Lawyers: Lawyers for the Plaintiff