Probate Rules 2017
88Application for leave to swear to death of person
Start here
Get a plain-English read of 88
Turn the raw legal text into a practical explanation grounded in Probate Rules 2017.
88 Application for leave to swear to death of person
(1) A person may apply to a judge under the Supreme Court Rules 2000 for leave to swear to the death of a person alleged to be dead.
(2) An application made under subrule (1) must be supported by an affidavit setting out the grounds of the application.
(3) An affidavit made under subrule (2) is to include evidence of –
(a) the identity of the person alleged to be dead; and
(b) the date of death of the person alleged to be dead; and
(c) the place of death of the person alleged to be dead; and
(d) particulars of every policy of insurance on the life of the person alleged to be dead; and
(e) the means of the knowledge of the deponent of these matters –
to the satisfaction of the Registrar, the Court or a judge.