Section 12: Applications for vesting orders

12. Applications for vesting orders (1) Where the Curator has reason to believe that a vacant estate exists in Mauritius, he shall, subject to section 14, apply to a Judge for an order vesting the estate in him. (2) The order shall be granted on the production of an affidavit that diligent inquiries have been made to ascertain that the estate is vacant. (3) Where an absentee is entitled to a share in any succession, the share accruing to him shall be specified in the affidavit referred to in subsection (2). [Issue 1] C60 – 4 Revised Laws of Mauritius (4) Where the Curator proposes to apply for a vesting order and the affidavit in support of the application is sworn by a person other than the Curator, the Curator may, before making the application, require that person to deposit with him the amount of expenses likely to be incurred in connection with the vesting in him of the vacant estate specified in the affidavit. (5) Any amount deposited under subsection (4) shall be refunded to the person making the deposit from the first available funds accruing to the vacant estate.