Probates (Resealing) Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE PROBATES (RESEALING) ACT
CHAPTER 61 OF THE LAWS OF ZAMBIA
CHAPTER 61 THE PROBATES (RESEALING) ACT
THE PROBATES (RESEALING) ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Sealing of probates and letters of administration granted outside Zambia
4. Conditions to be fulfilled before sealing
5. Security for payment of debts
6. Duplicate or copy admissible
7. Rules of court
8. Repeal and saving
CHAPTER 61
PROBATES (RESEALING)
An Act to provide for the recognition in Zambia of probate and letters of
administration granted in Her Britannic Majesty's dominions or by British
courts in foreign countries; and to provide for matters incidental thereto.
[13th November, 1936]
22 of 1936
41 of 1960
Government Notice
497 of 1964
Statutory Instrument
152 of 1965

to provide for matters incidental thereto.
[13th November, 1936]
22 of 1936
41 of 1960
Government Notice
497 of 1964
Statutory Instrument
152 of 1965

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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
1. This Act may be cited as the Probates (Resealing) Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"British court in a foreign country" means any British court having jurisdiction out of
Her Britannic Majesty's dominions in pursuance of an Order in Council,
whether made under any British Act or otherwise;
"court of probate" means any court or authority, by whatever name designated,
having jurisdiction in matters of probate;
"Her Britannic Majesty's dominions" includes any British protectorate or protected
state and any territory in respect of which a mandate on behalf of the
League of Nations has been accepted by Her Britannic Majesty;
"probate" and "letters of administration" include confirmation in Scotland, and any
instrument having in any other part of Her Britannic Majesty's dominions the
same effect which under English law is given to probate and letters of
administration respectively;
"probate duty" includes any duty payable on the value of the estate and effects for
which probate or letters of administration is or are granted.

ely;
"probate duty" includes any duty payable on the value of the estate and effects for
which probate or letters of administration is or are granted.

(As amended by S.I. No. 152 of 1965)
3. Where a court of probate in any part of Her Britannic Majesty's dominions, or a
British court in a foreign country, has, either before or after the commencement of this Act,
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 to, and a copy thereof deposited
with, the High Court, be sealed with the seal of that Court, and thereupon shall be of the
like force and effect, and have the same operation in Zambia as if granted by that Court. (As amended by S.I. No. 152 of 1965)
Sealing of probates
and letters of
administration granted
outside Zambia
4.

n Zambia as if granted by that Court. (As amended by S.I. No. 152 of 1965)
Sealing of probates
and letters of
administration granted
outside Zambia
4.

The High Court shall, before sealing a probate or letters of administration under
this Act, be satisfied-
(a) that probate duty has been paid in respect of so much, if any, of the estate
as is liable to probate duty in Zambia; 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 the territory to
which the letters of administration relate;
and may require such evidence, if any, as it thinks fit, as to the domicile of the deceased
person:
Conditions to be
fulfilled before sealing
Provided that the security need not be given when application for the sealing of a
probate or of letters of administration is made to the High Court by or on behalf of the
Administrator-General.

when application for the sealing of a
probate or of letters of administration is made to the High Court by or on behalf of the
Administrator-General.

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5. The High Court may also, if it thinks fit, on the application of any creditor,
require, before sealing, that adequate security be given for the payment of debts due from
the estate to creditors residing in Zambia:
Security for payment
of debts
Provided that the security need not be given when application for the sealing of a
probate or of letters of administration is made to the High Court by or on behalf of the
Administrator-General. 6. For the purposes of this Act, a duplicate of any probate or letters of
administration sealed with the seal of the court granting the same, or a copy thereof
certified as correct by or under the authority of the court granting the same, shall have the
same effect as the original. Duplicate or copy
admissible
7. The High Court may, by statutory instrument, make rules of court for regulating
the procedure and practice, including fees and costs, in the High Court, on and incidental
to an application for sealing a probate or letters of administration under this Act. (As amended by No. 41 of 1960)
Rules of court
8.

n and incidental
to an application for sealing a probate or letters of administration under this Act. (As amended by No. 41 of 1960)
Rules of court
8.

The British and Colonial Probates Act, Chapter 17 of the 1930 Edition of the
Laws, is hereby repealed:
Repeal and saving
Provided that all rules made by the High Court under the Act hereby repealed and in
force at the commencement of this Act shall be deemed to have been made under this Act
and shall continue in force until other rules shall be made by virtue of this Act. SUBSIDIARY LEGISLATION
PROBATES (RESEALING) CAP. 61
SECTIONS 7 AND 8-THE PROBATES (RESEALING) RULES OF
COURT
Rules by the High Court
Government Notices
12 of 1920
180 of 1933
Statutory Instrument
152 of 1965
1. These Rules may be cited as the Probates (Resealing) Rules of Court. Title

vernment Notices
12 of 1920
180 of 1933
Statutory Instrument
152 of 1965
1. These Rules may be cited as the Probates (Resealing) Rules of Court. Title

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
2. Application to seal a grant of probate or letters of administration under the Act
shall be made to the Registrar by the executor or administrator or the attorney (lawfully
authorised for the purpose) of such executor or administrator, either in person or through
a solicitor. Application for sealing
3. Such application must be accompanied by an oath of the executor, administrator
or attorney in the form in the First Schedule, or as nearly thereto as the circumstances of
the case will allow. Oath
4. Notice of the sealing of the grant of probate or letters of administration shall be
advertised by the Registrar at the expense of the applicant in the form set out in the
Second Schedule. Advertisement of
sealing
5. Application by a creditor under section five of the Act shall be made by motion
before the Registrar, supported by an affidavit setting out particulars of his claim. Application by creditor
6.

ve of the Act shall be made by motion
before the Registrar, supported by an affidavit setting out particulars of his claim. Application by creditor
6.

In every case, and especially when the domicile of the deceased at the time of
death as sworn to in the affidavit differs from that suggested by the description in the
grant, the Registrar may require further evidence as to domicile. Evidence of domicile
7. If it should appear that the deceased was not at the time of death domiciled
within the jurisdiction of the court from which the grant issued, the seal shall not be affixed
unless the grant is such as would have been granted by the High Court. Domicile outside
jurisdiction
8. Where application is made to reseal a grant of "Letters of Administration
Executor Testamentary", the Registrar shall require that a copy of the will deposited with
the court from which the grant issues, duly certified as a true copy by such court, shall be
filed in the Registry. Letters of
Administration
Executor
Testamentary
9. When application to seal a grant of probate or letters of administration is made
after the lapse of three years from the death of deceased, the reason of delay must be
certified to the Registrar. Should the certificate be unsatisfactory, the Registrar shall
require such proof of the alleged cause of delay as he may think fit.

to the Registrar. Should the certificate be unsatisfactory, the Registrar shall
require such proof of the alleged cause of delay as he may think fit.

Delay in application to
seal
10. Notice of the sealing of a grant by the High Court shall be sent by the Registrar
to the court from which the grant issued. Notice of sealing
11. When intimation has been received of the resealing of a grant issued from the
High Court, notice of any revocation of, or any alteration in, such grant shall be sent by the
Registrar to the court by whose authority such grant was resealed. Notice of alteration in
grant

or any alteration in, such grant shall be sent by the
Registrar to the court by whose authority such grant was resealed. Notice of alteration in
grant

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12. The fees set forth in the High Court Rules shall be paid before any grant of
probate or administration is resealed, unless the High Court otherwise directs. (As amended by No. 180 of 1933)
Fees. Cap. 27
FIRST SCHEDULE
(Rule 3)
FORM OF OATH OF EXECUTOR, ADMINISTRATOR OR ATTORNEY IN THE HIGH COURT FOR
ZAMBIA
In the estate of , deceased. I, C.D. (or E. F.), of , make oath and say:
1. That a grant of probate of the will (or letters of administration of the estate) of A. B., late of
, deceased, was granted to me (or C. D.)
by the court at on the day of
, 19 . Adapt to suit
circumstances. This paragraph to be
struck out if
inapplicable
2. That the said deceased was at the time of his death domiciled at . 3. That I am the attorney lawfully appointed of C. D. under his hand and seal, and am duly
authorised to apply to this court for the sealing of the said grant. 4. That the value of the estate within the jurisdiction of this court amounts to the sum of K and
no more, to the best of my knowledge, information and belief. Sworn at . (As amended by No.

the jurisdiction of this court amounts to the sum of K and
no more, to the best of my knowledge, information and belief. Sworn at . (As amended by No.

152 of 1965)
SECOND SCHEDULE
(Rule 4)
FORM OF ADVERTISEMENT OF SEALING

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A. B., deceased.
NOTICE IS HEREBY GIVEN that probate of the will (or letters of administration) of A. B.,
deceased, late of , granted by the court at
on the day of , 19 , has been
resealed in the High Court for Zambia.
Registrar of the High Court
(As amended by No. 152 of 1965)