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Clark v Trustee Corporation Ltd [2024] FJHC 744; Probate No 40013 (11 December 2024)

IN THE HIGH COURT OF FIJI AT SUVA
PROBATE JURISDICTION

Probate No: 40013

IN THE ESTATE of WILLIAM JAMES CLARK, a.k.a BILL CLARK late of Lot 2, Meigunyah Nadi Backroad, Nadi and formerly of Korolevu in the Republic of Fiji, Company Director, Deceased, Testate
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WILLIAM JAMES CLARK of Lot 3 Waqa Circle, Nasoso, Nadi
APPLICANT

TRUSTEE CORPORATION LIMITED of Suva
RESPONDENT

For the Applicant: Mr. O’ Driscoll

RULING ON SUMMONS

1. The Applicant filed a Summons on the 25^th of September 2024, seeking the following orders: -
   
   • (a) That Probate No. 40013 be revoked
     
   • (b) That Letters of Administration De Bonis Non with the Will annexed be issued in this matter in favour of the Applicant.
     
   • (c) That a copy of the Will of William James Clark a.k.a Bill Clark dated 11^th March 1993 be used for the purpose of the requested grant.
     
   • (d) That sureties be dispensed with; and
     
   • (e) That there be no costs of this application.
     
2. The application is supported by the affidavit in support of William James Clark of Lot 3 Waqa Circle, Nasoso, Nadi.
   
3. He is the grandson of the late William James Clark and on his death, the administration of his estate was granted to the Trustee Corporation on 26^th April 2002.
   
4. The administration of his estate was not completed by the Public Trustee, so they filed a Deed of Renunciation on 12^th of April 2023 in his favour.
   
5. He has been notified that the current Probate No. 40013 needs to be revoked before Letters of Administration De Bonis Non and the Will can be issued in his favour. He was also advised to engage counsel to assist in this and he has done that as well.
   
6. The remaining beneficiaries want to complete the estate of his late grandfather, and he states that he is the right person in succession to complete that.
   
7. Probate No. 40013 contains the Will of his late grandfather although he does not have the original and he seeks permission to use the copy of the Will as contained in Probate No. 40013.
   

Analysis

8. After reading the Summons and the affidavit filed in support, I find that the Applicant is a proper person to administer the Estate of William James Clark, and I grant the orders sought in the Summons.
   

The Court therefore orders as follows: -

1. That Probate No. 40013 be revoked
   
2. That Letters of Administration De Bonis Non with the Will annexed be issued in this matter in favour of the Applicant.
   
3. That a copy of the Will of William James Clark a.k.a Bill Clark dated 11^th March 1993 be used for the purpose of the requested grant.
   
4. That sureties be dispensed with.
   
5. Parties to bear their own costs.
   

Mr. Justice U. Ratuvili
Puisne Judge

cc: O’Driscoll & Co.