Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3006

    (1)     A person intending to apply for grant of representation for an estate must publish notice of the person's intention to apply online on the ACT Supreme Court website.

Note     See

              •     approved form 3.7 (Notice of intention to apply for probate) AF2022-7

              •     approved form 3.8 (Notice of intention to apply for letters of administration—with will) AF2022-8

              •     approved form 3.9 (Notice of intention to apply for letters of administration—no will) AF2022-6

    (2)     The notice must be published not less than 14 days, and not more than 3 months, before the day the application is made.

    (3)     The notice must include—

        (a)     the name, including any known alias, of the deceased person in relation to whom the grant is to be sought; and

        (b)     if the deceased person left a will—

              (i)     the deceased person's address as shown in the will and, if different, the deceased person's last-known address; and

              (ii)     the date of the will and any other testamentary documents for which the grant of representation is sought; and

        (c)     if the deceased person did not leave a will—the deceased person's last-known address; and

        (d)     an address for service for the person intending to apply for the grant; and

Note     Address for service is defined in the dictionary.

        (e)     a statement requiring creditors of the estate to send particulars of their claims to the address for service included in the notice; and

        (f)     if an administration bond is required under rule 3045 (Administration bond—requirement for bond) and the person giving the notice wants to ask the court for the amount of the administration bond to be less than the value of the estate, or to dispense with the bond under rule 3046 (Administration bond—dispensing with bond)—a statement of the proposed request.

    (4)     If the court is not satisfied that a notice published under subrule (1) is sufficient advertisement of a person's intention to apply for a grant of representation, the court may, on its own initiative, require any other notice it considers appropriate.