Probate Amendment Rules 2011 (Tas)

Probate Amendment Rules 2011

18 March 2011

We, the Honourable Ewan Charles Crawford, Chief Justice, and the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, the Honourable Shan Eve Tennent, the Honourable David James Porter and the Honourable Helen Marie Wood, 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 Rules 2011 .

2. Commencement These Rules of Court take effect on the twenty-first 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. Transitional application of amendments (1) The amendments of the Principal Rules effected by rules 13 , 14 , 15 , 16 , 17 , 18 , 19 and 20(b) of these rules do not apply to probate work undertaken in respect of the estate of a person who died before these rules take effect. (2) In the case of probate work undertaken in respect of the estate of a person who died before these rules take effect, the former Principal Rules continue to apply to the probate work as if these rules had not been made. (3) In this rule – former Principal Rules means the Probate Rules 1936 as in force immediately before these rules take effect; probate work means non-contentious business or common form business within the meaning of the Principal Rules.

5. The amendment effected by this rule has been incorporated into the authorised version of the Probate Rules 1936 .

6. The amendment effected by this rule has been incorporated into the authorised version of the Probate Rules 1936 .