Probate Amendment (Fees) Rules 2004 (Tas)

Probate Amendment (Fees) Rules 2004

9 July 2004

We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, Officer of the Order of Australia, the Honourable EWAN CHARLES CRAWFORD and the Honourable PIERRE WILLIAM SLICER, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932 and the Administration and Probate Act 1935 .

1. Short title These Rules of Court may be cited as the Probate Amendment (Fees) Rules 2004 .

2. Commencement These Rules of Court take effect on the seventh day after the day on which their making is notified in the Gazette.

3. Principal Rules In these Rules of Court, the Probate Rules 1936 are referred to as the Principal Rules.

4. Appendix amended The Appendix to the Principal Rules is amended by omitting Part I and substituting the following Part:

PART I - Fees payable to Registrar

Rule 94

Item Fee ($) 1. For granting probate or letters of administration or for resealing a foreign grant – (a) if the gross value of the estate in Tasmania as stated in the oath is less than $50,000 100 (b) if that gross value is equal to or greater than $50,000 but is less than $100,000 250 (c) if that gross value is equal to or greater than $100,000 400 2. Searches, copies or certificates – (a) for search 15 (b) for exemplification or a certified copy of a document 50 (c) for preparation and sealing of a certified copy, or an exemplification, of any probate or letters of administration, or for resealing a foreign grant 50

W. J. E. Cox

Chief Justice

P. G. Underwood

Puisne Judge

E. C. Crawford

Puisne Judge