12Grants of probate and administration by registrar

12 Grants of probate and administration by registrar (1) Subject to the provisions of this section the registrar may, on application made to him supported by affidavits upon which in his opinion the Court would grant probate or administration, make a grant of probate or administration by signing his order for such grant and sealing it with the seal of the Court. S. 12(1A) inserted by No. 78/2000 s. 4(1). (1A) The registrar may make a grant of probate or administration, other than in the manner set out in subsection (1), by authenticating the order for the grant in a manner prescribed by the Rules. (2) The registrar shall not without an order of the Court grant probate or administration— (a) in any case where a caveat has been lodged and has not expired or been withdrawn; or (b) in any case in which it appears to him to be doubtful whether such probate or administration ought to be granted. S. 12(3) amended by Nos 7597 s. 5, 78/2000 s. 4(2)(b). (3) Probate or administration shall be deemed to be granted— S. 12(3)(a) amended by No. 10/1994 s. 4(2). (a) in the case of a grant by the Court, when the order for the grant has been authenticated and filed in the office of the registrar; S. 12(3)(b) amended by No. 78/2000 s. 4(2)(a). (b) in the case of a grant by the registrar, when the order for the grant has been signed by him and sealed with the seal of the Court or authenticated in a manner prescribed by the Rules— and every grant of probate or administration, if made by the Court, shall be issued by the registrar in the name and under the seal of the Court and, if made by the registrar, shall be issued by the registrar in the name and under the seal of the Court or authenticated in a manner prescribed by the Rules.