Vanuatu probate applications: records to locate before seeking advice

The Court Rules describe distinct application documents

Vanuatu's official Probate and Administration Rules distinguish an application for probate from an application for administration. For a probate application, rule 2.2 lists identifying information about the deceased and applicant, an address for service, the original will, a copy of the death certificate or other proof of death, and the applicant's sworn statement. The Rules also address circumstances where not all named executors apply.

Rule 2.3 separately lists information and supporting material for an application for administration, including why the applicant is applying, proof of death and a sworn statement. These are descriptions of the Rules' stated paperwork, not a conclusion about which application fits a particular person's circumstances.

Questions to bring to an adviser

• Has an original will or any later document been located?
• What records establish the deceased person's identity and date of death?
• Which application category and current requirements should local counsel confirm?

Use the published forms as references, not self-help instructions

The Judiciary's probate forms page lists forms for probate, administration and administration with the will annexed, including related sworn statements. The individual forms and the Rules should be read together with current court directions; a form's presence on a website does not establish that someone qualifies to use it or that the form is current for a particular case.

The Rules call for sworn statements in the application categories described above. Ask a qualified Vanuatu practitioner what must be sworn, who may make the statement, and what supporting proof or certified copies the Court presently accepts before signing or lodging anything.

Questions to bring to an adviser

• Which form does the current Court material associate with the question being considered?
• Does the Registry confirm the posted form and rule remain current?
• Who should review any statement before it is sworn or submitted?

Keep evidence and cross-border questions together

For an initial professional conversation, organise the original will, any codicils, death record, known court documents, and a note of who holds each item. Record the deceased person's last known address and occupation, the applicant's contact details, and any uncertainty without deciding legal significance on your own.

The cited Rules concern applications in the Supreme Court of Vanuatu. They do not determine a particular will's validity, who is entitled to administer or inherit, treatment of land, tax, or how an overseas grant or assets elsewhere are handled. Ask counsel in Vanuatu and each other relevant place to assess those questions.

Questions to bring to an adviser

• Are there earlier grants, proceedings, or documents from another country?
• Are any assets or family circumstances outside Vanuatu?
• Which original papers and uncertainties should be put before local counsel?

Scope and non-advice

This article is limited to selected document requirements and form labels in official Vanuatu Judiciary material. It is not a complete guide to Vanuatu succession, will-making, estate administration or court procedure, and it does not decide whether an application is available or appropriate. Check the current Rules and forms with the Court before relying on them.

This article has not been reviewed by a lawyer or human editor. It is not legal, tax, financial, estate-planning or court-filing advice and does not determine will validity, authority, entitlement or the correct process. Consult qualified local counsel in Vanuatu and in every other jurisdiction connected to the person, documents or property before acting.

Official starting points

Check these sources for updates; their guidance may have changed since our last source check.

• Judiciary of the Republic of Vanuatu — Probate and Administration Rules
• Judiciary of the Republic of Vanuatu — Probate forms