Section 28
of Probate and Administration Act
Section 28
(1)
The persons entitled to probate are the exectuors appointed, expressly or impliedly, by the deceased's last will.
(2)
Any executor may in writing or orally expressly, or by action impliedly, renounce his right to probate.
(3)
If no executor has been appointed expressly or impliedly by the deceased's last will, or is competent and willing to act as such, then the undermentioned persons, if of full age and sound mind and suffering from no legal disability, shall be entitled in the following order to letters of administration with the will annexed of such will -
(a)
the residuary legatees or devisees;
(b)
if the whole of the estate of the deceased is not disposed of by his will, the persons who would have been entitled to letters of administration if the deceased had died intestate;
(c)
legatees, devisees or creditors; and
(d)
if the whole of the estate of the deceased person is disposed of by his will, the person who
Probate and Administration
CAP. ll would have been entitled to letters of administra-tion if the deceased had died intestate.
( 4) The following persons, if of full age and sound mind, are entitled, in the following order, to letters of admi-nistration of a deceased person's estate -
(a)
the surviving husband or wife;
(b)
children or other issue;
(c)
the father or mother;
(d)
the brothers and sisters of the whole blood;
(e)
the brothers and sisters of the half blood;
(f)
the grandparents;
(g)
uncles and aunts of the whole blood;
(h)
uncles and aunts of the half blood;
(i)
creditors. _.·
(5)
The provisions of this section shall not apply where the deceased person was a Muslim domiciled in
Brunei, and in such case probate or administration shall be granted to the person entitled ~ccording to Muslim law as practised in Brunei.
21
B.L.R.O.l/1984
22
Practice as to caveat against grant
Effect of executor renouncing probate
Effect of executor not taking probate
Appointment of administrator of intestate's estate
Probate and Administration