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Probate and Administration Act · s 20

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s 20CAP. 11

(1)

The Probate Officer may himself take out admi-nistration in any of the following cases -

(a)

where a person dying intestate, whether in

Brunei or elsewhere, has left property situate in

Brunei and no next of kin of such person are resi-dent in Brunei;

(b)

where a person dying intestate, whether in

Brunei or elsewhere, has left property situate in

Brunei and the next of kin of such person who are resident in Brunei file with the Probate Officer a request for, or consent to, the making of such grant in writing signed by them;

(c)

where a person dying intestate, whether in

Brunei or elsewhere, has left property situate in

Brunei and no person has, within 12 months after the death of such person, obtained .administration of his estate; and

(d)

where a person dying intestate, whether in

Brunei or elsewhere, has left property situated in

Brunei and the_.next of kin of such person who are resident in Brunei are infants.

(2)

The provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in Brunei or elsewhere, but without appointing an executor, or whose executor, if appointed, refuses, neglects or is unable to act.

(3)

The Probate Officer may in his discretion take out administration in any other case not provided for in this section if he considers it desirable so to do.

17

Cases in which

Probate