Probate Rules 2017 (Tas)

Probate Rules 2017

5 October 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 .

PART 1 - Preliminary

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

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

3. Interpretation (1) In these Rules of Court – Act means the Administration and Probate Act 1935 ; approved form means a form approved by the Chief Justice; attorney, in relation to a person, means another person to whom a power of attorney is given by the person in accordance with the Powers of Attorney Act 2000 or other Act; Civil Registry means the registry relating to the civil jurisdiction of the Supreme Court; corresponding law means a law of another State, a Territory, the Commonwealth or a foreign country that corresponds, or substantially corresponds, to the Births, Deaths and Marriages Registration Act 1999 ; deceased means a testator or intestate to whom the context relates; election means an election filed in respect of an estate – (a) by the Public Trustee under section 20 or 21 of the Public Trustee Act 1930 ; or (b) by a trustee company under section 10A of the Trustee Companies Act 1953 ; exemplification means a record of a search of the Probate Registry that bears the official seal of the Court; foreign court means any court, including any person or body authorised to take or receive evidence, whether on behalf of a court or otherwise and whether or not the person or body is empowered to require the answering of questions or the production of documents, of – (a) a state or territory of Australia that is not Tasmania; or (b) a country that is not Australia, or a part of such a country; grant means a grant of probate or a grant of letters of administration; inventory of assets and liabilities of the deceased's estate means an inventory referred to in rule 35 ; minor means a person who has not attained the age of 18 years; notice of intention means – (a) a notice of intention to apply for a grant published under rule 33 ; or (b) a notice of intention to apply for the reseal of a grant published under rule 61 ; person without capacity to consent means – (a) a minor; or (b) a person who is incapable of managing and administering his or her affairs as a result of any absence, loss or abnormality of mental or psychological function; Probate Registry means the registry that administers applications for grants made to the Supreme Court and related matters; Registry-certified copy, in relation to an order, means a copy of that order certified by the Registrar as a true copy of the order as filed with the Civil Registry; spouse has the same meaning as in the Intestacy Act 2010 ; trustee company means – (a) a trustee company as defined in the Trustee Companies Act 1953 ; or (b) an entity approved by the Registrar as equivalent to a trustee company referred to in paragraph (a) ; will includes a codicil to a will and any other testamentary disposition; Wills Act, in relation to a will, means – (a) the provisions of the Wills Act 2008 and any other legislation that are applicable to the will by virtue of section 5 of that Act; or (b) if the deceased died prior to 1993 and the Wills Act 1840 applies to the will by virtue of section 4 of the Wills Act 1992, the Wills Act 1840. (2) In these Rules of Court, a reference to letters of administration includes a reference to letters of administration with the will annexed and letters of administration upon intestacy. (3) Unless the contrary intention appears, an expression used in these Rules of Court has the same meaning as in the Act and, if the expression is also not defined in the Act, the expression has the same meaning in these Rules of Court as in the Supreme Court Civil Procedure Act 1932 .