Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3023

An affidavit of search accompanying an application under the title="A1929-18">Administration and Probate Act

, section 80 in relation to the estate of a deceased person must state that the person making the affidavit has arranged for a search of the registry and, based on information given to the person and the person's belief, made the following findings:

        (a)     that a caveat against the application has, or has not, been filed in the court and, if a caveat has been filed, details of the caveat and whether it is still in force;

        (b)     that another application under the title="A1929-18">Administration and Probate Act

, section 80 has, or has not, been made in relation to the estate and, if another application has been made, details of the application and the results of the application;

        (c)     probate of the will, letters of administration of the estate, or an order to collect and administer the estate, of the deceased person has, or has not, been resealed by the court and, if it has been, details of the resealing and whether it is still in force.

Note     See approved form 3.20 (Affidavit of search—reseal of foreign grant) AF2017-175