Section 240: Petition for probate

(1) An application for probate shall be made by a petition distinctly written in the English language with the will annexed, and stating- (a) the time of the death of the testator or testatrix; (b) that the writing annexed is the last will and testament of the testator or testatrix and that it was duly executed; (c) the amount of assets which are likely to come to the petitioner's hands; and (d) that the petitioner is the executor or executrix named in the will, and in addition to such particulars, when the application is to Chief Magistrate or Magistrate, the petition shall further state that the deceased, at the time of his or her death, had his or her fixed place of abode, or had some property, movable or immovable, situate within the jurisdiction of the delegate. (2) The application referred to in subsection (1) shall be made within one year from the date of death of the testator. (3) Where a person named as executor or executrix in a will does not apply for probate within the time prescribed in subsection (2), a beneficiary under the will may, with the will annexed, apply for letters of administration.