The Laws of Fiji
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Last Updated: 1 August 2020
13 Application for order to bring will etc (O 76, R 13)
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(2) An application under paragraph (1) shall be made by summons in the action, which must be served on the person against whom the order is sought.
(3) Any application in a probate action for the issue of a subpoena under section 23 of the Court of Probate Act 1858 (UK) shall be for the issue of a subpoena requiring a person to bring into the office of the Registrar a will or other testamentary paper.
(4) An application under paragraph (3) may be made ex parte and must be supported by an affidavit setting out the grounds of the application.
(5) An application under paragraph (3) shall be made to the Registrar who may, if the application is granted, authorise the issue of a subpoena accordingly.
(6) Any person against whom a subpoena is issued under the said section 23 and who denies that the will or other testamentary paper referred to in the subpoena is in his or her possession or under his or her control may file an affidavit to that effect.