If the ETDL bond requirement was not dispensed with in the Order appointing the ETDL, the bond requirement may still be dispensed with in the ETDL’s Application for Certificate of Appointment.
As per the Estates Court directions, in accordance with rule 74.11(6), the ETDL or their counsel must file the following documents together to have the bond requirement dispensed with if it was not dispensed with by the court order:
- Form 74J Application for Certificate of Appointment;
- Form 74I draft order with a Form 4C backsheet;
- A simple affidavit attesting to the application; and
- Form 74G consents of beneficiaries to the order.
The affidavit should be executed by the ETDL attesting to the application seeking to have the bond requirement waived. The ETDL or their counsel will also need to seek the consent of all parties to dispense with the bond requirement and then have them to sign (with a witness) the Form 74G consent.
Once all of the above forms, along with a simple affidavit attesting to the application, have been completed, they should be filed by the ETDL with the court in support of their application for a Certificate of Appointment of ETDL. Thereafter, when the Court issues the Certificate of Appointment of ETDL, the bond requirement should have been dispensed with.
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