Tasmanian Consolidated Regulations

PROBATE RULES 2017

- (S.R. 2017, NO. 69)

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Powers of Court
   5.      Application of Supreme Court Rules 2000

   PART 2 - Powers and Duties of Registrar

   6.      Registrar may issue grant
   7.      Registrar may exercise power of Court
   8.      Registrar may refer to Court or judge
   9.      Registrar is to give effect to orders of Court or judge
   10.     Registrar may require evidence
   11.     Registrar may accept draft documents
   12.     Registrar may correct clerical mistakes or omissions
   13.     Registrar may allow inspections of documents

   PART 3 - Entitlement to Apply for Grant Division 1 - Entitlement
   to apply for probate

   14.     Persons entitled to apply for probate
   15.     Reserving leave to apply for probate
   16.     Reserving leave on behalf of another
   17.     Renunciation of entitlement to grant of probate

           Division 2 - Entitlement to apply for letters of administration

   18.     Priority of persons entitled to apply for letters of administration
           with will annexed
   19.     Priority of persons entitled to apply for letters of administration
           upon intestacy
   20.     Preference of interest
   21.     Consent to application for letters of administration
   22.     Renunciation of entitlement to apply for letters of administration

           Division 3 - Entitlement to apply for a grant generally

   23.     Non-resident may be refused grant
   24.     Death of person entitled to apply for grant
   25.     Passing over person entitled to apply for grant due to incapacity
   26.     Passing over person entitled to grant in other circumstances
   27.     Person convicted of offence relating to deceased's death may be
           refused grant

   PART 4 - Requirements for Documents

   28.     Title, heading and footer of documents
   29.     Lodgement for filing
   30.     Swearing of affidavits
   31.     Affidavits not to be handwritten
   32.     Service of documents

   PART 5 - Application Requirements for Grants Generally Division 1 -
   Application for grant

   33.     Notice of intention to apply for grant
   34.     Application for grant
   35.     Inventory of assets and liabilities of deceased's estate
   36.     Additional requirements for supporting affidavit if application by
           corporation or association
   37.     Additional requirements for supporting affidavit if existing court
           order affects application

           Division 2 - Applications generally

   38.     Period for issue of grant
   39.     Notification to Attorney-General in certain cases

   PART 6 - Specific Application Requirements for Probate or Letters of
   Administration with Will Annexed Division 1 - Affidavit supporting
   application for probate or letters of administration with will
   annexed

   40.     Supporting affidavit for probate or letters of administration with
           will annexed
   41.     Attachments to supporting affidavit
   42.     Witnesses to will to swear to certain facts

           Division 2 - Additional requirements in certain circumstances relating
           to will

   43.     Original will detained in foreign court
   44.     Deceased a minor at execution of will
   45.     Effect of marriage or registered relationship on will
   46.     Question of date and manner of execution of will
   47.     Foreign rules relating to due execution apply to will
   48.     International wills convention applies to will
   49.     Validity of interlineations, alterations and erasures to will
   50.     Documents mentioned in will
   51.     Documents missing from will
   52.     Will partially inoperative
   53.     Part of will not admitted
   54.     Will available is oral will or copy

   PART 7 - Specific Application Requirements for Letters of
   Administration upon Intestacy

   55.     Supporting affidavit for letters of administration upon intestacy
   56.     Attachments to supporting affidavit
   57.     Additional requirements for supporting affidavit if application by
           creditor

   PART 8 - Special or Limited Forms of Grant

   58.     Grant during minority
   59.     Documents to support application for grant during minority
   60.     Grant during incapacity other than minority

   PART 9 - Reseals

   61.     Notice of intention to apply for reseal
   62.     Supporting affidavit for reseal
   63.     Attachments to supporting affidavit
   64.     Affidavit of caveat search
   65.     Application of rules to application for reseal
   66.     Reseal of grant not to be issued in certain cases
   67.     Bonds on resealing letters of administration
   68.     Copies of testamentary papers to be included
   69.     Notice of resealing to be given
   70.     Notice relating to resealing of Tasmanian grants
   71.     Reseal of special or limited grant

   PART 10 - Administration Bonds

   72.     Giving of security
   73.     Witnessing of administration bonds
   74.     Amount and form of administration bonds
   75.     Registrar to ensure sureties are responsible persons
   76.     Sureties on behalf of others
   77.     Breach of condition of administration bond

   PART 11 - Caveats

   78.     Persons may enter caveat
   79.     Registrar to give notice of caveat
   80.     Expiry or lapse of caveat
   81.     Grounds of caveator's objection
   82.     Withdrawal of caveat
   83.     Fresh caveat

   PART 12 - Citations

   84.     Person cited to apply for grant
   85.     Citations generally
   86.     Citation to accept or refuse to apply for grant
   87.     Citation to propound will

   PART 13 - Miscellaneous

   88.     Application for leave to swear to death of person
   89.     Joinder of administrator
   90.     Applications by creditors
   91.     Persons who may lodge an application
   92.     Registrar may issue subpoena to produce papers
   93.     Fees and charges
   94.     Transitional provision
   95.     Probate Rules 1936 revoked
   96.     Section 96
           SCHEDULE 1
           SCHEDULE 2


[ Note: This table has been automatically generated and may be incomplete. ]