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Supreme Court of Vanuatu |
IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU
(PROBATE)
PROBATE CASE NO. 2313 OF 2024
IN THE MATTER of Application for Letters of Administration in the Estate of the late RONGLEY NOAH STEPHEN
AND IN THE MATTER of Rules 2.3; 2.5 and 3.1 of the Probate and Administration Rules 2003 and Section 7 of the Queens Regulation NO.07 of 1972
BETWEEN
EDA WELEGTABIT
Applicant
AND
NOAH FAMILY
Respondent
BEFORE: Aurélie TAMSEUL
(Deputy Master)
DATED: 13th day of November, 2024
ENTERED: day of November, 2024
APPEARANCES: Akineti Yeeon holding papers for Barbara Taleo counsel for the Applicant, Jerry Boe counsel for the Respondent
Decision
Issue (i)
“Persons entitled to grant.
7. The court may grant administration of the estate of a person dying intestate to the following persons (separately or conjointly) being not less than twenty-one years of age –
(a) the husband or wife of the deceased; or (My emphasis)
(b) if there is no husband or wife to one or not more than four or the next of kin in order of priority of entitlement under this Regulation in the distribution of the estate of the deceased; or (My emphasis
(c) any other person, whether a creditor or not, if there is no person entitled to a grant under the preceding paragraphs of this section resident within the jurisdiction and fit to be so entrusted, or if the person entitled as aforesaid fails, when duly cited, to appear and apply for administration.” [1]
Issue (ii)
“Succession to property on intestacy.
6. (1) Subject to the provisions of the last preceding Part hereof, the administrator on intestacy or, in the case of partial intestacy, the executor or administrator with the will annexed, shall hold the property as to which a person dies intestate on or after the date of commencement of this Regulation on trust to pay the debts, funeral and testamentary expenses of the deceased and to distribute the residue as follows: -...”[2] [my emphasis]
"The second point to be made about this litigation is that the granting of probate or administration does nothing to determine ultimate ownership of the personal property of the person who has died. Not only in this case but in others as well we have seen suggestions that the grant of the right to administer an estate meant there was a determination of what property was owned by the estate and also governed its future ownership. Obtaining probate or administration is placing on an individual an extraordinarily solemn duty. It is the duty first to call in and collect all the properties of the deceased person apart from any interest in custom land. Then, they must pay all the debts of the estate. Their solemn obligation is to ensure that what is left is distributed either in accordance with the terms of the will or in accordance with the rules laid down in Queen's Regulations 7. It provides for the executor or administrator no rights of ownership or personal benefit.
A person who is granted probate or administration is answerable to the Court for the proper exercise of the obligation which he or she has chosen to take up."
BY THE COURT
DEPUTY MASTER
[1] Queen Regulation No.7 of 1972
[2] Queens Regulation No.7 of 1972
[3] In re Estate of Molivono [2007] VUCA 22; Civil Appeal Case 37 of 2007 (30 November 2007)
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URL: http://www.paclii.org/vu/cases/VUSC/2024/346.html