(iii) a trust corporation.
43. (1) An application to add a personal representative shall be made to the Registrar and shall be supported by
an affidavit by the applicant, the consent of the person proposed to be added as personal representative and such
other evidence as the Registrar may require.
(2) On any such application, the Registrar may direct that a note shall be made on the original grant of the
addition of a further personal representative or he may impound or revoke the grant or make such other order as
the circumstances of the case may require.
44. (1) A grant may be made to any person entitled thereto without notice to other persons entitled in the same
degree.
(2) A dispute between persons entitled to a grant in the same degree shall be brought by application before the
Registrar.
(3) If an application under this rule is brought before the Registrar, he shall not allow any grant to be seated until
the application is finally disposed of.
(4) Unless the registrar otherwise directs, probate or administration with the will attached shall be granted to a
living person in preference to the personal representative of a deceased person who would, if living, be entitled
in the same degree and to a person not under disability in preference to an infant entitled in the same degree.
45. (1) Nothing in rules 21, 42, or 44 of this Order, shall operate to prevent grant being made to any person to
whom a grant may require to be made under any enactment.
(2) The Rules mentioned in paragraph (1) of this rule shall not apply where the deceased died domiciled outside
the Federal Capital Territory, Abuja, except in a case to which the provisos to rule 47 of this Order apply.
46. When the beneficial interest in the whole estate of the deceased is vested absolutely in a person who has
renounced his right to a grant of administration with the will attached and has consented to such administration
being granted to the person or persons who would be entitled to his estate if he himself had died intestate,
administration may be granted to such person or one or more (not exceeding four) of such persons:
Provided that a surviving spouse shall not be regarded as a person in whom the estate has vested absolutely
unless he would be entitled to the whole of the estate, whatever its value may be.
47. Where the deceased died domiciled outside the Federal Capital Territory, Abuja, the Registrar may order that
a grant do issue(a) to the person entrusted with the administration of the estate by the Court having jurisdiction at the place
where the deceased died domiciled;
(c) if there is no such person as is mentioned in sub-paragraph (a) or (b) of this rule or if in the opinion of the
Registrar the circumstances so require, to such person as the Registrar may direct;
(d) if a grant is required to be made to or if the Registrar in his discretion considers that a grant should be made
to a not less than two administrators, to such person as the Registrar may direct jointly with any such person as is
mentioned in sub-paragraph (a) or (b) of this rule or with any other person:
Provided that without any such order as aforesaid(a) probate of any will which is admissible to proof may be granted(i) if the will is in English or in the local vernacular, to the executor named therein,
(ii) if the will describes the duties Of a named person in terms sufficient to constitute him executor according to
the tenor of the will, to that person;