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The petitioner has complied with all legal requirements for appointment as administrator, and no objection or caveat has been lodged within the statutory period after publication of citation; therefore, the petitioner is entitled to be appointed as administrator of the estate.
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Non-compliance with mandatory citation and appearance procedures under section 59(2) and rule 82 of the Probate Rules invalidates the proceedings; the matter was prematurely referred to the High Court.
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The High Court struck out a probate-related matter for non-compliance with mandatory citation and appearance procedures under the Probate Act and Rules.
The amended petition is the operative pleading by virtue of the court's prior order. However, the petitioners failed to comply with mandatory statutory requirements, including accurate disclosure of estate value, proper verification, administration bond in double the estate value, and obtaining written consent from the lawful guardian of minor beneficiaries. These defects are substantive and undermine the integrity of the petition. The appropriate remedy is to strike out the petition and order the filing of a fresh, compliant petition under rules 115A and 116 of the Probate Rules.
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