Probate Amendment Rules 2017 (Tas)

Probate Amendment Rules 2017

3 February 2017

We, the Honourable Alan Michael Blow, OAM, Chief Justice, and the Honourable Shan Eve Tennent, the Honourable Helen Marie Wood, the Honourable Stephen Peter Estcourt, the Honourable Robert William Pearce and the Honourable Michael Joseph Brett, 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 for the purposes of the Administration and Probate Act 1935 .

1. Short title These Rules of Court may be cited as the Probate Amendment Rules 2017 .

2. Commencement These Rules of Court take effect on 1 March 2017.

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

4. Rule 94 amended (Fees) Rule 94(1A) of the Principal Rules is amended by omitting "Probate Amendment Rules 2012" and substituting "Probate Amendment Rules 2017".

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

PART 1 - Fees payable to Registrar

Rule 94

Fee Item 1. For provisional assessment of application documentation by Registrar 150 (per provisional assessment) 2. For a requisition 50 3. 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 short form affidavit is less than $50 000 435 (b) if that gross value is equal to or greater than $50 000 but is less than $250 000 785 (c) if that gross value is equal to or greater than $250 000 but is less than $500 000 850 (d) if that gross value is equal to or greater than $500 000 but is less than $1 000 000 1 070 (e) if that gross value is equal to or greater than $1 000 000 but is less than $2 000 000 1 355 (f) if that gross value is equal to or greater than $2 000 000 but is less than $5 000 000 1 540 (g) if that gross value is equal to or greater than $5 000 000 1 850 4. For filing an election to administer an estate 120 5. Searches, copies or certificates – (a) for a search 30 (b) for exemplification 270 (c) for an office copy of a document 1 (each page or part of a page) (d) for preparation and certification of certified copies of documents 50 6. For lodging a caveat 50 7. For correcting a grant where the source of the error was not the Registry 50 ($)