72Giving of security

72 Giving of security

(1)  The Registrar may require an applicant for letters of administration to provide security for the proper administration of the estate to which the application relates.

(2)  This rule does not apply to an application for letters of administration made by the Public Trustee, a trust corporation, or any person applying for letters of administration for the use, or for the benefit, of the Crown.

(3)  The Registrar may require the provision of security required under subrule (1) in one or more of the following ways:

(a) the giving of an undertaking to the Court to make good any loss that any person with an interest in the administration of the estate may suffer as a consequence of a breach by the administrator of his or her duties as an administrator;

(b) the execution and delivery of a deed covenanting to make good any loss that any person interested in the administration of the estate may suffer as a consequence of a breach by the administrator of his or her duties as an administrator;

(c) the giving of an administration bond to the Registrar –

(i) specifying conditions on the applicant duly collecting, getting in and administering the real and personal property of the deceased; and

(ii) requiring a payment to the Registrar if the applicant breaches any such condition;

(d) any other form of security that the Registrar thinks fit.

(4)  Despite subrule (1) , the Registrar may require the security to be provided by a person other than the applicant, whom the Registrar considers suitable, in addition to any security provided by the applicant.