Estate of the Late Barry Alick Atavi [2023] VUSC 288; Probate Case 2895 of 2022 (15 February 2023)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU

(PROBATE)

PROBATE CASE NO. 2895 OF 2022

IN THE MATTER of Application for Letters of Administration in the Estate of the late BARRY ALICK ATAVI

AND IN THE MATTER of Section 2.3 and 2.5 of the Probate and Administration Rules 2003 and Section 6 and 7 of the Queen’s Regulation No.7 of 1972

MARIE NOELLE ALICK

Applicant

BEFORE: AURELIE TAMSEUL

(Deputy Master)

DATED: 15^th day of February, 2023

ENTERED: day of February, 2023

MINUTE & DECISION

1. Introduction
   

1. This this matter coming up for review without hearing today and the Court noting that the Applicant has persistently failed to address the following issues, to wit:
   

(i) What is the purpose of Applying for letters of Administration?
(ii) What happens to a real estate property registered in the names of two individual as transferees holding an interest as “Joint proprietors”?

2. The Court having warned the parties in its previous Order that further non-compliance may result in adverse Orders being made.
   
3. The Applicant has consistently failed to take further steps to progress the matter.
   

2. What is the purpose of an Application for Letters of Administration?
   

4. To address the above question, one needs to ask the following questions, to wit:
   
   1. When does the Court receive an Application for Letters of Administration?

An Application for letters of Administration is usually filed after the death of a person.

2. Who applies and why?

Anyone who has an interest in the intestate estate. They Apply for the sole purpose of administering the deceased intestate estate in accordance with the law.

“Distribution of estate of intestate. ^[1]

Notwithstanding anything to the contrary contained in any laws in force in New Hebrides at the date of commencement of this Regulation, the property of an intestate dying on or after the date of commencement of this Regulation shall be distributed in accordance with the provisions of this Regulation, and no person shall have any right, title, share, estate or interest in such property except as provided in this Regulation.”

100. Properties forming part of the estate
     

5. Paragraph 8 of the sworn statement of administration filed on the 17^th October, 2022 referred to “Attachment B” listing Land Lease Title 11/OC33/056 as the property of the estate.
   
6. The said land lease is registered in the name of Alick Berry Attavi (Deceased) and Willie James Tomataso as transferees.
   
7. The Court notes from” Annexure “B” in the sworn statement of administration filed on the 17^th October, 2022, paragraph 6 (d) that “The transferees hold the interest as * Joint proprietors”.
   

4. Decision
   
   1. Counsel and the Applicant are requested to read and familiarise themselves with Section 75 of the Land Leases Act [Cap 163] to understand the effect of “Joint Proprietorship” on the Land Lease Title 11/OC33/056.
      
   2. I find that there are no properties forming part of the estate of the decease, therefore the filing of the Application for Letters of Administration has been futile.
      
   3. The Application for Letters of Administration is hereby dismissed.

BY THE COURT

DEPUTY MASTER

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^[1] Section 5, Queens Regulation No.7 of 1972