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Paragraph 5 Estates of deceased persons

Original text. Later amendments are not shown.

Where a person has died who was qualified to make an application under the Order, an application may be made in respect of a claim on behalf of his estate notwithstanding that there is no personal representative, by any person who–

(a)

has taken out a grant of probate or administration in respect of that estate in any part of the Commonwealth other than the United Kingdom; or

(b)

is named as an executor in the last will of the deceased person; or

(c)

appears to the Commission to be the widower, widow, child, grandchild, parent, brother or sister of the deceased person:

Provided that–

(i)

the Commission shall not accept more than one application on behalf of the same estate;

(ii)

the Commission may at any time as regards any applicant require a grant of probate or administration to be obtained in the United Kingdom and may set a time limit within which such grant of probate or administration shall be obtained and produced to the Commission;

(iii)

upon the obtaining of such a grant the person to whom it is made, if not already an applicant, shall be substituted as applicant by order of the Commission on his signing all appropriate forms.

Notes on Schedule

Footnotes

f1

1950 c. 12.