Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 309

Resealing in Sri Lanka of probates letters of administration granted outside Sri Lanka

309.
(1) Where a court of probate or other authority in a foreign country has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced before the Public Trustee, be sealed with the seal of the Public Trustee and thereupon shall be of like force and effect and have the same operation in Sri Lanka as if granted by the Public Trustee.
(2) The Public Trustee shall, before sealing a pro bate or letters of administration under this Law, be satisfied- and may require such evidence, if any, as to the nationality of the deceased person.
(a) that estate duty has been paid or secured in respect of so much, if any, of the estate as is liable under the Estate Duty Ordinance; and
(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in Sri Lanka to which the letters of administration relate,
(3) The Public Trustee may, in his discretion, on the application of any creditor, require, before sealing, that adequate security shall be given for the payment of debts due from the estate to creditors residing in Sri Lanka.
(4) A duplicate of any probate or letters of administration sealed with the seal of the Public Trustee-granting the same, or a copy thereof certified as correct by the Public Trustee shall have the same effect as the original.
(5) The sealing of a probate or letters of administration under this section shall not affect the liability of an executor or administrator to perform the duties-required of such executor or administrator under this Chapter.


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