In the matter of Estate of late Albert Laore (Deceased) [2011] SBHC 194; HCSI-CC 309 of 2011 (12 October 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Registrar Withers)

Civil Claim No. 309/2011

In the matter of the Estate of the late Albert Bakele Laore (Deceased)

In the matter of the Wills, probate and Administration Act (CAP 34)

In the matter of the Application of Melvina Norma Laore for a grant of administration of the Estate of the late Albert Bakele Laore
Applicant

Mr D Hou for Applicant

Date of Hearing: 12 October 2011
Date of Ruling 12 October 2011

1. Counsel appeared before the Registrar in support of an Application for Letters of Administration by Melvina Norma Laore for a grant of administration of the Estate of the late Albert Bakele Laore filed on 10 August 2011.

2. The applicant is the widow of the deceased they having been married on 28 April 1982 as evidenced from the copy marriage certificate exhibited to the latest Sworn Statement of the applicant sworn on 9 September 2011.

3. The late Albert Bakele Laore died at the Honiara Referral Hospital, Honiara on 18 September 2010 as evidenced by his death certificate attached to the Sworn Statement of the applicant.

4. The Grants of Probate and Administration (Order of Priority) Regulations r3 (1) sets out the relevant entitlement to apply to a grant of administration:

Where the deceased died wholly intestate, the persons having a beneficial interest in the estate shall be entitled to a grant of administration in the following order of priority -

• the surviving spouse;
  
• the children of the deceased or the issues of any such child who died during the lifetime of the deceased;
  
• the father or mother of the deceased;
  
• brothers or sisters of the whole blood or the issue of any such brother or sister who died during the lifetime of the deceased.
  

5. In the application before me the applicant is the surviving spouse of the deceased. Therefore before she is entitled to apply.

6. Prior to the 1st hearing before me on 23 August 2011, I became aware that there may be a will in existence. The application before me was for Letters of Administration and the applicant in her Sworn Statement stated:

2. The late Albert Bakele Laore died intestate...........

7. The Public Solicitor's Office who act for the applicant were requested to make further inquiries as to the existence of a will. This resulted in a further Sworn Statement by the applicant sworn 9 September 2011.

8. The application was set down for determination by me today.

9. Upon reviewing the material filed and the latest Sworn Statement by applicant the following statement appears:

3. May I also say that the will made by the deceased is not valid as it was not witnessed as required under the Act.

10. Counsel advised when he appeared before me that the order sought was for letters of Administration.

11. In this case neither the original nor copy of the will has been filed, and it appears although the applicant has been aware of its existence made a sworn statement the deceased died intestate and applied for Letters of Administration.

12. Upon request by me Mr Hou was able to show me a copy of the will and on the face of it issues regarding attestation may be correct. The document shown to me however did appear to indicate some testamentary disposition.

13. The priority for persons to apply for letters of administration with will annexed is determined by the interest under the will. This differs from intestacy where the priority to apply is determined by relationship to the deceased.

14. Whether the will is valid or not is a matter for the court to determine rather than the applicant.

15. The application for Letters of Administration as sought is refused.

16. I invite counsel to place all the relevant facts before the court in a properly pleaded and correct application.

Dated this 12 October 2011.

Gavin J Withers
Registrar