The High Court has unlimited original jurisdiction to hear and determine any civil proceedings under any law and such other original jurisdiction as is conferred on it under the Constitution or any written law. It also has original jurisdiction in any matter arising under our Constitution or involving its interpretation.
The High Court has jurisdiction, subject to conferral by the written law of rights of appeal and to such requirements as may be prescribed by written law, to hear and determine appeals from all judgments of the Magistrates Court and other subordinate courts.
It is the Court of Disputed Returns in matters affecting elections to Parliament.
The High Court has jurisdiction to supervise any civil or criminal proceedings before a Magistrates Court or other subordinate courts and may, on an application duly made to it, make such orders, issue such writs and give such directions as it considers appropriate to ensure that justice is duly administered by the Magistrates Court and other subordinate courts.
If in any proceedings in a Magistrates Court or a subordinate court, a question arises as to the interpretation of this Constitution, the Magistrates Court or a subordinate court may decide the matter, and its decision may be appealed as of right to the High Court.
Probate Jurisdiction is also a section in the High Court dealing with grants and application of probate filed under the Succession, Probate & Administration Act. Order 76 of the High Court Rules and other practice directions comes into play in as far as the probate application. The Probate Section is also responsible for the registration of Wills and the processing of FNPF Invalid Nomination & Valid Minor Nominee applications. This is governed by the Wills Act (Cap 59) and the FNPF Act 2011.
Powers of Judges
All the judges of the Court shall have in all respects save as is expressly provided in the Act, equal power, authority and jurisdiction under the High Court Act.
Any judge of the Court may exercise all or any part of the jurisdiction vested in the Court by or under the provisions of High Court act or any other Act, and for such purpose shall be and form a Court.
Composition
The High Court consists of—
- the Chief Justice;
- such other Judges as are appointed as Judges of the High Court;
- Masters of the High Court; and
- Chief Registrar of the High Court.
The jurisdiction and powers of the Masters of the High Court and the Chief
Registrar of the High Court shall be prescribed by written law.
Probate Procedure
The Probate Division is governed by the following laws:
- Succession, Probate & Administration Act 1970
- High Court Rules- Order 76
- Also applicable are:
- Chief Registrars direction 02/1994
- Tristam and Cootes on Probates Practice 1998
What is a Grant?
1. Probate – Testate (with Will)
When a deceased has a Will and leaves properties worth over $2000.00. The Executor/Trustee is entitled to apply for Probate.
Documents required:
- Oath of executor (includes Death Certificate and Advertisement)
- Will
(All the documents should be original, unless otherwise by order of the court or stated in the rules.)
2. Letters of Administration (LA) – Intestate (without Will)
When a person dies without a Will, then the next of kin can apply for the grant of LA.
Documents required:
- Oath of Administration (includes Death Certificate, Children’s Birth Certificate, Marriage Certificate (if applicable) and Advertisement)
- Administration Bond
- Justification of Sureties
(All the documents should be original, unless otherwise by order of the court or stated in the rules.)
3. Letters of Administration (with Will)
This application is made in the event the Executor/ Trustee has died. In this case, the beneficiaries are entitled to apply for Letters of Administration (with Will).
Documents required:
-
- Oath of Administration (includes Death Certificate, Marriage Certificate, Children’s Birth Certificate, Deed of Renunciation, Advertisement)
- Will
(All the documents should be original, unless otherwise by order of the court or stated in the rules.)
4. Letters of Administration – De Bonis Non (L/A DBN)
Where the Administrator has died without administering the Estate, the next person entitled, can apply for Letters of Administration- De-Bonis Non to administer the estate.
Documents required:
- Oath of Administration (includes Death Certificate of deceased & Administrator, Children’s Birth Certificate, Certified copy of prior grant and Advertisement)
- Administration Bond
- Justification of Sureties
(All the documents should be original, unless otherwise by order of the court or stated in the rules.)
5. Letters of Administration De Bonis Non (with Will)
Where the Executor/Trustee died without administrating the estate of the deceased, a beneficiary can apply for Letters of Administration De Bonis Non to administer the Estate.
Documents required:
- Oath of Administration (includes Death Certificate of deceased & Administrator, Children’s Birth Certificate, certified copy of prior grant and Advertisement)
- Copy of Will
- Administration Bond
- Justification of Sureties
(All the documents should be original, unless otherwise by order of the court or stated in the rules.)
6. Reseal
Where a deceased has assets in Fiji as well as overseas, but Probate/ Letters of Administration have been granted in an overseas jurisdiction, the Executor/ Trustee is required to ‘reseal’ the said Probate/ Letters of Administration in Fiji in order to execute for the assets in Fiji.
Documents required:
- Oath of Executor (includes Death Certificate, Advertisement, Gazette Notice)
- Grant of Probate or Letters of Administration from overseas jurisdiction
(All the documents should be original, unless otherwise by order of the court or stated in the rules.)
7. Election
When the estate value is less than $2000-00, the Public Trustee Corporation Limited has to file an application for election on behalf of the applicant (executor/trustee)
What is a Caveat?
Pursuant to section 46 of Succession, Probate & Administration Act, Cap 60 Any person may lodge with the Registrar a caveat against any application for probate or administration, or for the sealing of any probate or letters of administration under the provisions of this Act, at any time previous to such probate or administration being granted or sealed.
Every such caveat shall set forth the name of the person lodging the same, and an address within the city at which the notices may be served on him or her.
Any such caveat is valid for 6 months unless extended. The removal of caveats is pursuant to section 47 of the Succession, Probate & Administration Act.
Fiji National Provident Fund Procedures
Pursuant to Section 57 of the FNPF Act, where the nominee (not the surviving spouse of the member) is under 18, there is no nomination or an invalid nomination made by a member of FNPF, upon his/her death, such money/fund is sent to High Court for proper distribution or disposition according to law.
The next of kin informs the FNPF office that the member has passed away with documentary evidence and FNPF does it part to verify the information.
Upon confirmation, FNPF sends a cheque to the High Court registry in Suva.
The Cheque is receipted and FNPF Court file is created under the respective name of the deceased.
The next of kin shall apply for the distribution of fund by filing the following documents at the Suva High Court registry together with the Application for FNPF Distribution (forms provided at any High Court registry, including the website):
- FNPF Letter
- Death Certificate of Deceased (Mandatory)
- If married Marriage Certificate of Deceased (Mandatory)
- Birth Certificate of Deceased
- Birth Certificate of Applicant/Children
- Divorce Order (if applicable)
- If not married Death/ Birth Certificate of Parents of Deceased (Mandatory)
- Death/Birth Certificate of Siblings of Deceased
- Passport Size Photo of Applicant (certified)
- Identification forms for Beneficiaries
- T.I.N Letter/Joint Card
- Current Bank Statement
- Front copy of passport and visa status [if non-Fiji Citizen].
Applications may be submitted at any of the registries in other divisions (Western & Northern), however, the registration of the Application is done in the Suva High Court Registry.
Upon filing of complete application with the relevant documents, case number is given and the file is forwarded to a judge for the distribution order.
Money is disbursed by way of a cheque to the beneficiaries. However, for those beneficiaries who are under 18 years of age, the money is kept in the High Court fund for a year, in case of any withdrawal or needs by the beneficiaries.
If there is no application made in respect of the amount paid to High Court within one year, then the amount is repaid to the FNPF Board and credited to FNPF. Thereafter, if a person is found to be entitled to some or all of the amount credited to the FNPF, the Board must pay the person the entitled amount.