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In force1984 Revised Edition

Act

Probate and Administration Act

Administering the estates of deceased persons

In plain English

Not legal advice

The Probate and Administration Act provides for the proper handling of the estates of people who have died.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Part I

Preliminary

Official textFrom Attorney General's Chambers, unchanged

s 1

This Act may be cited as the Probate and Administra-tion Act.

s 2In this Act

"administration" comprehends all letters of admi-nistration of the estates of deceased persons, whether with or without a will annexed, and whether gran~ed for general, special, or limited purposes;

"estate" or "property" of a deceased person means the personal estate and effects of whatever kind of such person, and includes property passing on the death of such .person;

7 of 1979

Interpreta-tion

"estate duty" means estate duty under the Stamp cap.

Act;

"infant" means a person who has not attained the age of 18 years;

"matters and causes testamentary" comprehend all matters and causes relating to the granting and revocation of probate of wills and of administra-tion;

9

10

Cap. 77

Deputy

Probate

Officer and

Assistant

Probate

Officer

Probate and Administration

"'next of kin" includes persons entitled in their own right to property passing on the death of any person;

"non-contentious or common form probate busi-ness" means the business of obtaining probate and administration where there is no contention as to the right thereto, including the passing of probate and administratiOQS through the High Court in contentious cases where the contest has been ter-minated, and all business of a non-contentious na-ture in matters of testacy and intestacy not being proceedings in any action and also the business of lodging caveats against· the grant of probate or administration;

·'

"Permanent Secretary" means the Permanent

Secretary, Ministry of Finance of Brunei and, where the estate of a deceased person who was a

Muslim domiciled in Brunei is concerned, means the Permanent Secretary acting with the advice of the Religious Council;

"Religious Council" means the Religious Council established by Religious Council and Kadis Courts

Act.

s 3

(1)

His Majesty the Sultan and Yang Di-Pertuan may by notification in the Gazette appoint fit and proper persons to be Deputy Probate Officers and Assistant Probate

Officers.

(2)

Every Deputy Probate Officer and Assistant

Probate Officer shall be subject to the directions of the

Probate Officer and shall exercise such of the powers and duties conferred on and imposed upon the Probate Officer as may be specified in the said notification or in any other notification amending the same.

(3)

Any person aggrieved by the decision of a Depu-ty Probate Officer or of an Assistant Probate Officer may

Probate and Administration require that such decision be confirmed by the Probate

Officer who may confirm or rescind the same or substitute therefor any decision which could lawfully be given in accordance with the provisions of this Act.

Part II

Part VI

Part VI.

Part III

Part IV

Rules for Administration of Property

Part VI

Sealing of Grants Made by British Courts Outside Brunei

Part VII

Miscellaneous

Schedules