OTHER SERVICES

CORRECTIVE AFFIDAVIT

What happens if applicant forgets to include an asset in their application?

  • The Administrator will need to file a Corrective Affidavit, stating the details of the previously excluded assets. If such an application is made, the copy Letter of Administration must be enclosed to the Probate Registry at the time of filing the Corrective Affidavit.

What is I want to add more assets / properties?

  • For applicants who have already acquired the Letter of Administration or Probate and would like to amend or add on assets to the Schedule, a form will be given to the applicant (Administrator or Executor) to be filled by them and submitted along with exhibits.

RESEALING OF FOREIGN GRANTS

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SECTION 28(4) PROBATE ACT

(4) The following person, if of full age and sound mind, are entitled, in the following order, to letters of administration of a deceased person’s estate-

a) the surviving husband or wife;
b) children or other issue;
c) the father or mother;
d) the father or mother;
e) the brothers and sisters of the whole blood;
f) the grandparents;
g) uncles and aunts of the whole blood;
h) uncles and aunts of the half blood;
i) creditors;

SECTION 33 PROBATE ACT

33. (1) Probate of letters of administration shall not be granted to any person outside Brunei Darussalam.

       (2) If:-

a) the person entitled to probate or letters of administration, as the case may be, is absent from Brunei Darussalam; and;
b) there is no other person present in Brunei Darussalam who is equally entitled to such probate or letters of administration and who is willing and competent to act, then probate or letter of administration, as the case may be, may be granted to the lawfully appointed attorney of the person mentioned in paragraph (a);

      (3) An attorney holding probate or letters of administration shall be subject to the same liabilities in all respects as an executor or administrator in his own right.

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