Chapter 8 - Citations, O.71, r.41

Question 1

CITATIONS

Overview

Answer 1

1) What is citation
2) Powers of court
3) Purposes of citation
4) Procedures for the issuance of citations

Question 2

CITATIONS

What is citation

NOTICE-DELAY-CITOR-SHOW CAUSE

Answer 2

• Citation is a notice issued when the executor(s) delays or declines to apply for grant of probate;
• citation is issued upon application by citor;
• citation is used to show cause to the citee (i.e. the executor).
• to accept or refuse or to take a grant

Question 3

CITATIONS

Powers of court

Answer 3

S.40 PAA

• The High Court shall have power to summon any person named as executor in any will to prove or renounce probate of the will and do any such other things concerning any will.

Question 4

PURPOSES OF CITATIONS

Overview

COMPULSION-PROPOUND-TAKE OUT

Answer 4

1) Compulsion to accept or refuse
2) Propound or prove validity of a will
3) Take out grant of probate by an executor de son tort

Question 5

PURPOSES OF CITATIONS

Compulsion to accept or refuse grant of representation

Answer 5

O.71, r.42(1)

• citation is issued to a person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto.

Question 6

PURPOSES OF CITATIONS

Propound or prove validity of a will

Answer 6

O.71, r.43(2)

• issued when a citor has a contrary interest from the executors or any other interested party.

Question 7

PURPOSE OF CITATIONS

Take out grant of probate by an executor de son tort

Answer 7

O.71, r.42(3)

• citation issued for the executor to show cause as to why he should not be ordered to take out the grant of probate;
• beneficiary may issue citation to the executor who has intermeddled with the estate of the estate.

Question 8

PROCEDURES FOR ISSUANCE OF CITATION

The law & procedures

Answer 8

O.71, r.41

• Form 167
• caveat must be entered before issuing citation
• citation to be served personally on the person cited
• will shall be filed in Registry
• person cited to appear may enter appearance in Form 166

Question 9

PROCEDURES FOR ISSUANCE OF CITATION

Issue - whether must be made by way of OS

Answer 9

Yap Teck Ngian v Yap Hong Lang

• need not necessarily be made by way of summons;
• O.72, r.18 is only applicable after writ to revoke the grant has been filed.

Question 10

PROCEDURES FOR ISSUANCE OF CITATION

Issue - whether caveat needs to be entered prior

Answer 10

Yap Teck Ngian v Yap Hong Lang

• caveat needs not be entered before a citation is issued.
• i.e. it is not a pre-requisite.

Question 11

PROCEDURES FOR ISSUANCE OF CITATION

Issue - whether grounds for revocation of grant must be disclosed when applying for citation

Answer 11

Yap Teck Ngian v Yap Hong Lang

• as long as relevant details to support the application is disclosed, it is sufficient.