Estate of Late Isabel Maeke Opepiko [2016] SBHC 130; HCSI-CC 51 of 2015 (4 August 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
Civil Jurisdiction
(Maina J)

Civil Case No. 51 of 2015

IN THE MATTER: ESTATE OF ISABEL MAEKE OPEPIKO
LATE OF BEA VILLAGE TATHIMBOKO
GUADALCANAL PROVINCE,
SOLOMON ISLANDS, DECEASED
ESTATE

AND IN THE MATTER: THE WILLS, PROBATE AND ADMINISTRATION

ACT (Cap 33)

AND IN THE MATTER: AN APPLICATION FOR LETTER OF ADMINISTRATION
BY SKYNECK OPEPIKO

Date of Ruling: 4^th August 2016

Mr. Kesaka for the Applicant

RULING

Maina PJ:

An application filed under section 16 of the Wills, Probate and Administration Act (Cap. 33) (“the Act”) and filed on 2o^th February 2015. Skyneck Opepiko seeks for the letters of Administration in respect of the Estate of Late Estate of Isabel Maeke Opepiko.

Facts

The applicant Skyneck Opepiko and the deceased Isabel Maeke Opepiko married at Patutiva Village, Western Province on 16^th July 2004 before the Minister of Religion. At all material times, the applicant is the legal husband of the deceased.

The deceased died at her home in Tasahe, West Honiara on 24^th September 2014 at NPF estate here in Honiara. The deceased is survived by legal husband and three children, Lucy Sama Opepiko (8years old), Aelan Skyneck Opepiko (5 years old) and Alfred Samuel Opepiko (4 years old).

A notice under Wills, Probate and Administration Act was placed in the Solomon Star newspaper inviting those who wish to claim against the estate to do so.
There was no claim received by the applicant legal representative except one written objection filed in the High Court from one Jenny Saki. Beside the letter of objection which stated that the objector is a close relative of the deceased there is no any materials in response from purported legal counsel Mr. Samuel Balea to advance the claim.

Issues

Whether or not the applicant is entitled to apply to administrator the estate of the deceased Isabel Maeke Opepiko?

The Law

The Wills, Probate and Administration Act provides for the Order of priority in case of intestacy and section 29 of the Act state that the persons having a beneficial interest in the estate shall be entitled to a grant of administration in the order of priority that may be prescribed for the purpose by rules.

This prescribed rules is Section 3 of the Grants of Probate and Administration (Order of Priority) Regulations for the purpose or the persons having a beneficial interest in the estate and entitled to a grant of administration and in the following order of priority-

(a) the surviving spouse;

(b) the children of the deceased or the issues of any such child who died during the lifetime of the deceased;

(c) the father or mother of the deceased;

(d) brothers or sisters of the whole blood or the issue of any such brother or sister who died during the lifetime of the deceased.

And, there others if there is no person in any of the above classes.

The fact of the case is very clear that deceased is survived by legal husband Mr. Skyneck Opepiko and three children, Lucy Sama Opepiko, Aelan Skyneck Opepiko and Alfred Samuel Opepiko.

Nothing more or less and by law the applicant Mr. Skyneck Opepiko is the legal husband and therefore is first in the order of priority to be granted the letters of Administration in respect of the estate of late Isabel Maeke Opepiko..

The objector as noted from the fact is a close relative of the deceased. Without any evidence and such cannot or be a reason of any special circumstance or current customary usage, any estate ought to be administered by some person other than those specified in the order of priority. The objection of Jenny Saki has no merit and dismissed.

ORDER

1. Mr. Skyneck Opepiko is granted the letters of Administration of the estate of late Isabel Maeke Opepiko.
   
2. The objection of Jenny Saki is dismissed.
   
3. Cost in the cause.
   

THE COURT

.................................................................
Justice Leonard R Maina
Puisne Judge