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1. What is probate?

2. What happens when a person dies?


There are three instances that occur
i. Die having left instruction
Whether there are instruction or not, it is alwsyas necessary
that someone to assume possession of the property
ii. Die having left incomplete or partial instructions
iii. Die having left no instructions
3. What are assets?
Examples
i. House
ii. Money
iii. Car
iv. Shares
4. What are Liabilities?
Examples
i. Mortgage
ii. Bills
5. What are asserts?
Section 3 of the Wills and ISA

6. Who is a personal representative?


Acts for the estate
Figuratively prolongs the life of the deceased
7. What happens when a person becomes personal representative?
i. WILLS ACT
Section 44
ii. ISA
Section 24

1. WHAT HAPPENS WHEN A PERSON DIES HAVING LEFT INSTRUCTION?
Administration of the deceaseds estate will be according to the will
2. Where there are partial instructions?
According to the will partly, and according to the law partly
3. Where there are not instructions?
According to the law

PERSONAL REPRESENTATIVE

Section 3

Executor

i. How does he come about?


Expressly named in the will
Impliedly appoint someone to name the executor

Administrator

i. How does the law define and administrator?


ii. How does he become so?
Identified by the law
Appointed by the Court
iii. What are the two tpyes of administrator
Administrator with the will annexed
Simple administrat
WHAT IS TESTAMENTARY SUCCESSION?

Deceased person has left instructions has to how to administer his estate
These instructions are called a will. Declaration of intention
i. Testatum;
ii. Testamentum or testament
The declaration by someone planning to die
iii. Testator or testatrix

When does the PR becomes an Executor?

Section 44 (1) Wills

What do you do to convince third parties

Provide some kind of proof which confirms your authority


Section 25 of Wills Act

WHAT IS INTESTACY

When does PR becomes an Administrator?

when the court grants letters of Administration

Which two Courts have probate jurisdiction?


SECTION 43

1. The High Court shall have jurisdiction in matters relating to succession.

2. A local court shall have and may exercise jurisdiction in matters relating
to succession if the value of the estate does not exceed fifty thousand
kwacha.

3. In matters relating to succession, a subordinate court of the first, second


or third class shall, within the territorial limits of its jurisdiction, have
jurisdiction to entertain any application if the value of the estate does not
exceed one hundred thousand kwacha.

The Oparacha Case seem to be bad law


The local Court has jurisdiction with respect to the office of the PR and
not with respect to a dispute arising thereof
The High Court has jurisdiction for both aforesaid

GRANT OF PROBATE

What is the first thing a person is expected to do?


i. Domicile
Place where a person conssidderss his place
Important becaaause it informs the requirement
a. Domicile at death
Important because it will affect the way property is dealt with

Affect manner in which movable property will be dealt wilth
b. Domicile at execution
Important-determines the validity of will
ii. Identify the assets and liability of the deceased wherever in the
world
Advertise your intention to go to Court
Call upon any persons who mught have the knowledge on any
property
Call upon creditor
Prepare a separate declaration [
iii. SWEAR ON OATH
Takes the form of an Affidavit
Must be prepared with utmost Care-any mistake the render the
affidavit been refused
a. Contents of the Affidavit
i. True and Proper name of the PR as well as the
occupation
ii. Identify the Will and any other testamentary document
By marking the will
Take precautions-do not interfere with the contents
iii. True and correct name of the Testator
iv. Name of the deceased and date of death
v. Place of domicile
Becomes important as it determines the
vi. Swear that you will administer the estate according to
the law
vii. Swear that you are the only executor
viii. Swear that you abide when called upon to give account
45(1)c
ix. The gross value of the estate to be administer

ATTENDENT DOCUMENT
i. Will
ii. Declaration of the Deceaseds Estate
iii. Fee Sheet

Once the Court is satisfied with the documents, it will issue the Grant of
Probate. Section 35

Is it necessary for the executor to provide some guarantee

No. His undertaking will suffice

HOW DOES LETTERS OF ADMINISTRATION COME ABOUT?

Where there is no named executor


Person named refuses
Section 36
i. Fddf

The procedure mentioned above applies

WHO MAY APPLY FOR THIS

Section 36 of ISA

i. a universal or residuary legatee;


ii. a personal representative of a deceased universal or residuary legatee;
iii. such person, being beneficiary under the will, as would have been
entitled to a grant of letters of administration if the deceased had died
intestate;
beneficiary under the will
person to be entitled as beneficiary if person had without a will
iv. a legatee having a beneficial interest; any other beneficiary
v. a creditor of the deceased.
vi. Administrator general
Not chosen not as a result of trust. Thus, must provide some security