Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 3114

    (1)     This rule applies if the person named as the executor in a will—

        (a)     does not prove the will, or renounce probate, within 6 months after the later of the following:

              (i)     the date of the testator's death;

              (ii)     the executor turning 18 years old; or

        (b)     is unknown or cannot be found.

    (2)     A person interested in the estate, or a creditor of the estate, may apply to the court for orders under this rule.

    (3)     The application must be made by originating application, unless the application is made in a proceeding that has already started.

Note 1     Div 2.2.3 (Originating applications) contains provisions about the content of originating applications, the filing and service of originating applications, etc.

Note 2     Pt 6.2 (Applications in proceedings) applies to an application made in a proceeding that has already started.

    (4)     The application must be supported by an affidavit filed with the application.

    (5)     The applicant must serve a sealed or stamped copy of the application and supporting affidavit on the person named as executor in the will.

    (6)     On application under this rule, the court may make the order in relation to administration of the estate, and any other orders, the court considers just.