Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3005

    (1)     A proceeding for grant of representation for an estate must be started by originating application.

Note 1     See

              •     approved form 3.1 (Originating application—probate) AF2017-160

              •     approved form 3.2 (Originating application—letters of administration—with will) AF2017-161

              •     approved form 3.3 (Originating application—letters of administration—no will) AF2017-162

Note 2     For notice of the application, see the following rules:

              •     r 3006 (Grant of representation—notice of intention to apply to be published online etc)

              •     r 3007 (Grant of administration—notice of intention to apply to be served on non-applicant domestic partner or next of kin)

              •     r 3008 (Grant of administration—notice of intention of creditor to apply to be served on domestic partner and next of kin)

              •     r 3009 (Grant of representation—when notice of intention to apply to be served on public trustee and guardian).

    (2)     The application must be accompanied by—

        (a)     a draft of the grant of representation sought, in duplicate; and

Note     See

              •     approved form 3.4 (Grant of probate) AF2017-163

              •     approved form 3.5 (Grant of letters of administration—with will) AF2017-164

              •     approved form 3.6 (Grant of letters of administration—no will) AF2017-165

Note     Rule 3010 (Grant of representation—supporting affidavit for application) deals with the contents of the supporting affidavit.

        (c)     for an application for grant of probate or letters of administration with the will annexed—

              (i)     if the application is made by the public trustee and guardian—the original will, or a copy of the original will kept in electronic form certified by the public trustee and guardian, signed in the margin by the applicant and the person before whom the supporting affidavit is taken; or

              (ii)     in any other case—the original will, signed in the margin by the applicant and the person before whom the supporting affidavit is taken; and

        (d)     an affidavit of search; and

Note     Rule 3011 (Grant of representation—affidavit of search) deals with the contents of the affidavit of search.

        (e)     any other affidavit required by a territory law; and

        (f)     anything else required under a territory law.

Note 1     Div 3.1.4 (Validity and form of wills) contains provisions requiring other affidavits in certain circumstances.

Note 2     A territory law includes these rules (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 98).

    (3)     If a copy of an original will kept in electronic form, certified by the public trustee and guardian, accompanies the application, the public trustee and guardian must, if the court directs, produce the original will to the court.

    (4)     If the application is for grant of probate or letters of administration with the will annexed, a copy of the will must be attached to each copy of the draft of the grant of representation sought.

    (5)     The application and the documents accompanying it need not be served on anyone unless the court otherwise orders on its own initiative.

    (6)     A return date must not be set for the application unless the court otherwise orders on its own initiative.

Note     Return date for an application is defined in the dictionary.