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Estate of MariaTiroba, In re [2025] SBHC 130; HCSI-CC 441 of 2022 (3 October 2025)

WillHIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 15 October 2024

IN THE MATTER OF: THE ESTATE OF Maria Tiroba (a.k.a Maria Sasago)
late of Komaleai Village, Shortland Islands, Western Province, Deceased, Intestate

AND

IN THE MATTER OF: APPLICATION FOR LETTERS OF ADMINISTRATION BY TOM
GILBERT SASAGO PURSUANT TO SECTION 16 OF THE WILLS
PROBATE AND ADMINISTRATION ACT (CAP 33)

AND IN THE MATTER OF: OBJECTION BY GEORGE TIROBA

Date of Hearing: 15 October 2024
Date of Decision: 3 October 2025

Mr Eddie Toifai for the Applicant
Mr Steven Weago for the Objector

JUDGMENT

Bird PJ:

1. This proceeding was commenced under the Wills Probate and Administration Act (Cap 33). There are two registered properties which are the subjects. The registered properties are referred to as Parcel Number 191-028-4, located at Vara Creek in Honiara, and Parcel number 191-039-288, located at Naha also in Honiara. The Fixed Term Estate in P/N 191-028-4 is registered in the name of Maria Sasago (deceased). The Lease over P/N 191-039-288 is registered in the name of Maria Tiroba (deceased).
2. The application is commenced by Tom Gilbert Sasago (Applicant) under section 16 of the Wills Probate and Administration Act (Cap 33) (WPAA). The Applicant is the deceased only biological son. He has two other siblings. George Tiroba (Objector) is one of the deceased’s adopted sons (custom adoption) from another relationship.
3. Maria Tiroba (a.k.a Maria Sasago) died intestate on the 9^th April 2022 at the National referral Hospital in Honiara. At the time of her death, the deceased had three children with one Moses Sasago (deceased). The children are Victoria Daisy Sasago, Lynette Pamela Sasago and Tom Gilbert Sasago. The Applicant for letters of administration is the third named child. The property in P/N 191-028-4 was previously registered in the joint names of the deceased and the late Moses Sasago.
4. At some stage, the deceased also lived with one Gideon Tiroba (also deceased). They had no biological children from that relationship. They had nonetheless adopted according to custom some children. Those children were Clement Nakarua Umea, George Tira Tiroba, Salome Toia Tiroba and Neitau Ta’ake. The property in P/N 191-039-288 was obtained during the deceased’s relationship with the late Gideon Tiroba. At the time of her death, the deceased had six grandchildren.
5. With the above background information, the initial application for letters of administration was filed by the Public Trustee upon instructions from Clement Umea. The application was objected to by George Tiroba (Objector). On the 21^st September 2023, the Public Trustee filed a notice of withdrawal of representation.
6. When the matter was next called for mention on the 26^th September 2023, Mr Eddie Toifai entered appearance for the Applicant. An Amended Claim was thereafter filed upon instruction of Tom Gilbert Sasago. The Objector continued with his intention to object to the property contained in P/N 191-039-288. He wishes to be appointed as administrator in respect of that property. He has no issue of the appointment of Tom Gilbert Sasago as administrator of the property contained in P/N 191-028-4.
7. On that issue, I have perused and noted the sworn statement of Mr Sasago filed on the 13^th October 2023. On paragraph 12 of the sworn statement, he deposed that his late mother had intended to leave the subject property in P/N 191-028-4 to her three biological children with the late Moses Sasago. All three children are entitled to three equal shares. Her intention is as contained in annexure marked “TS5” to his sworn statement.
8. In view of the deceased’s intention and with the Objector’s concession, I hereby grant the application of Tom Gilbert Sasago for letters of administration. Mr Sasago is hereby appointed as administrator of the deceased’s property contained in P/N 191-028-4 situated at Vara Creek in Honiara. The beneficiaries to the estate are Victoria Daisy Sasago, Lynette Pamela Sasago and the Applicant, Tom Gilbert Sasago.
9. The contentious issue before me is in respect of the property in P/N 191-039-288. On the outset, I wish to say that the deceased’s three biological children could also be beneficiaries in respect of the property. Those three children do not intend to pursue that. The deceased had inherited the property from her relationship with the late Gideon Tiroba. They respect their deceased mother’s wish in relation to the property. From the sworn statements filed by the Applicant and his two biological sisters, their joint intention is to carry through with the deceased’s intention. That intention is evident. She has care and concern for all her adopted children as named in paragraph 4 of this judgment.
10. The Applicant’s biological sisters and one Clement Umea support his application. On the contrary the Objector is supported by his adopted sister, one Salome Tiroba. Their joint position is that they are the only children adopted by the deceased and late Gideon Tiroba. They are the beneficiaries to the estate. They say that Clement Umea is not one of the deceased’s adopted children and should not benefit from the estate. They did not mention anything about Neitau Ta’ake.
11. I have perused the various sworn statements filed in this cause. I have seen that there is animosity between them. Allegations of all sorts is hailed out against each other which are of no assistance to any of them. The bottom line in this proceeding is the deceased has three biological children. It is undisputed by the three biological children that their deceased mother had adopted other children during her lifetime in another relationship. Those children were not legally adopted under the relevant legislation so as to give them the legal status that the deceased was their mother and the late Gideon Tiroba was their father.
12. As discussed in paragraph 4 above, the deceased’s intention about P/N 191-039-288 is clear. That document is not a formal will so to speak but it relates to what the deceased had intended for all the named children. It is evident from the various sworn statements that the Objector and Mr Umea had performed what they could have done for the deceased during her lifetime. It is not for me to criticise and dwell into issues on what was done or not done by either of them to the deceased.
13. From the various sworn statements filed, I have especially taken note of the Applicant’s sworn statement filed on the 13^th October 2023. Having perused the sworn statement, it is obvious that the Applicant has displayed favours and authority for his two siblings and all of the deceased’s adopted children. I could tell from the contents of his sworn statement that his intention is to carry out the deceased’s wishes in relation to both properties. He does not lay any claim on the Naha property. He knows who the beneficiaries are to that property. He disclosed the document signed by the deceased to that effect.
14. Apart from the above, the Applicant being the deceased’s biological son is entitled to administer the deceased’s estate pursuant to section 29 (1) of the WPAA. Further to that is rule 3 (1) (b) of the Regulation. The Applicant is a beneficiary to the estate of the deceased. It is noted that the deceased does not have a surviving spouse under r. 3 (1) (a). The next order in priority is the Applicant. There is no provision under the WPAA that provides for customary adopted children to act as administrators.
15. Having said that, and under s. 29 (2) of the Act, the court may grant letters of administration to other persons where it appears to the court that by reason of any special circumstance or current customary usage, any estate ought to be administered by some other persons.
16. I have perused and noted the sworn statements of the Objector and that of Salome Tiroba. I am not satisfied that the sworn statements contain special circumstances or customary usage that I can use to forgo the provision of s. 29 (1) of the Act.
17. It is evident to me that the attitude of the Objector is unbecoming of a person that I can consider as the person that can properly and lawfully administer the estate in P/N 191-039-288. He has already made up his mind that the property belonged to him and his siter Salome Tiroba. He does not want Clement Umea to be a beneficiary to the estate. He also did not make mention of Neitau Ta’ake.
18. The Applicant has included as evidence the prior intention of the deceased in the sharing of her properties upon her death. Even though the document is not a will per se, her intention is clear. That intention is not disputed by the Applicant and his two siblings. The named persons in the document are related to the Applicant by blood. It is obvious that the Applicant has proper, good and clear intentions. He does not want the deceased’s intentions to be abused and misused by the Objector.
19. With the above discussion, I am inclined to grant the application of the Applicant in respect of the estate in P/N 191-039-288 situated at Naha in Honiara. I am also inclined to say that the beneficiaries to that estate are Clement Nakarua Umea, George Tira Tiroba, Salome Toia Tiroba and Neitau Ta’ake.
20. In the document produced outlining the above beneficiaries, I have noted that a special provision is made in favour of a granddaughter by the name of Alice Umea. There is no further evidence produced before me in relation to that additional provision. In any event, I have taken note of the fact that the deceased had six grandchildren. I am of the view that the interests of all grandchildren can be properly taken care of through provisions to the beneficiaries.
21. Having discussed the surrounding circumstances of this proceeding and taking into account the provisions of the Wills Probate and Administration Act, I hereby grant the orders sought by the Applicant. Letters of Administration in respect of the estate in P/N 191-028-4, located at Vara Creek in Honiara and P/N 191-039-288 located at Naha in Honiara is hereby granted to Tom Gilbert Sasago. The Administrator is required to administer the estates according to law and in accordance to this judgment. I hereby order accordingly.

THE COURT
Justice Maelyn Bird