Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 280

Application for probate or administration

280.
(1) When any person shall die leaving a will under or by virtue of which any property in Sri Lanka is in any way affected, the person appointed executor therein or any other person interested, either by virtue of the will or otherwise, in having the property of the testator administered, may apply to have the will proved and to have probate thereof or to obtain grant of administration of the estate with copy of the will annexed, as the case may be, issued to him.
(2) If the executor or any other person who would be entitled to administration is absent from Sri Lanka, a grant of letters of administration with or without the will annexed, as the case may require, may be made to the duly constituted attorney of such person.
(3) Every application under this section shall be made to the Public Trustee, in the prescribed form within six months of the date of the deceased and shall contain the following particulars:
(a) the relevant fact of the making of the will;
(b) the date and place of the death of the testator;
(c) the intestate heirs of the deceased to the best of the applicant's knowledge, and if any of such heirs are minors, the name of a suitable adult person whose interest is not adverse to that of the minor, who may be appointed guardian;
(d) where the testator at the date of his death was not domiciled in Sri Lanka, the country or which according to the applicant's information and belief he died domiciled;
(e) the capacity in which the applicant seeks to prove the will;
(f) the relevant facts entitling the Public Trustee to hold the will declared proved.
(4) Where any person appointed executor of the estate of a deceased person is not willing or is not competent to act as such, he shall notify that fact forthwith or in any, event before the expiry of six months from the date of death of the deceased, to the Public Trustee In writing and every such notification shall be accompanied by a statement in the prescribed form containing the particulars referred to in paragraphs (a), (b), (c) and (d) of subsection (3).


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