Rule 93 – Application for registration of successor of limited owner

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(1) On the determination of the estate or interest of a limited owner, an application for registration by a person claiming under the trust or settlement shall be in Form 45 or 46 as the case may require. Where Form 46 is appropriate and the trust or settlement is created by will, the original or an official copy of the will and probate or letters of administration with will annexed shall be lodged. Where Form 45 is appropriate, the assent or transfer already filed in the Registry under which the limited owner was registered shall suffice.

(2) Save in cases where Form 45 is appropriate, the applicant shall not be registered except with the concurrence of the trustees (if any) of the trust or settlement or after notice to them.

(3) The application may also be made by the trustees of the trust or settlement in Form 45 or 46, as the case may require, with the necessary modifications and with the assent of the owner to be registered to the registration of any burdens affecting his/her estate or interest.

(4) The trustees’ admission of the discharge or cessor of any burdens created by the trust or settlement shall be sufficient evidence of such discharge or cessor.