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Section 62

Petition for Probate.

Application for probate or for letters of administration with the will annexed shall be made by a petition distinctly written in the language in ordinary use in proceedings before the Court in which the application is made, with the will, or, in the cases mentioned in sections 24, 25 and 26, a copy, draft or statement of the contents thereof, annexed, and stating––

the time of the testators death,

that the writing annexed is his last will and testament, or as the case may be,

that it was duly executed,

the amount of assets which are likely to come to the petitioners hands,

and, where the application is for probate, that the petitioner is the executor named in the will.

In addition to these particulars, the petition shall further state,––

when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode or had some property situate within the jurisdiction of the Judge ; and

when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.

When the application is to the District Judge and any portion of the assets likely to come to the petitioners hands is situate in another Province, the petition shall further state the amount of such assets in each Province and the District Judges, within whose jurisdiction such assets are situate.