Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3022

    (1)     An affidavit made by a person supporting an application by the person under the

, section 80 must state the following:

        (a)     probate of the will, letters of administration of the estate, or an order to collect and administer the estate, of a deceased person has been granted or made by a court of competent jurisdiction in a reciprocating jurisdiction;

        (b)     the name of the court that made the grant or order and the date the grant or order was made;

        (c)     that the grant or order has not been revoked;

        (d)     whether the applicant is the person to whom the grant was made or for whom the order was made;

        (e)     if the applicant is not that person—whether the applicant is authorised, under a power of attorney, by that person to make the application and, if so, that the applicant has not been given notice of revocation of the power of attorney;

        (f)     whether the deceased person left property in the ACT;

        (g)     if the deceased left property in the ACT—the estimated gross value of the property in the ACT;

        (g)     that, if the application is granted, the applicant will administer the estate according to law and, if required, will give an account of the administration to the court;

        (h)     that notice of intention to make the application was published online on the ACT Supreme Court website, and the date the notice was published;

              (i)     for each notice required under rule 3021 (4) (Reseal of foreign grant—notice of intention to apply to be published online etc)—how the requirement for the notice was complied with.

Note     See approved form 3.19 (Affidavit of applicant for reseal of foreign grant) AF2022-5

    (2)     If the supporting affidavit contains statements of information and belief, the applicant must state the sources of the information and the reasons for the belief.

    (3)     the following documents must be annexed to the supporting affidavit:

        (a)     a copy of the notice (or each notice) required by rule 3021;

        (b)     an inventory of the property of the estate in the ACT;