New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 78.94

78.94

(1) The registrar may exercise the functions of the Court, in respect of all proceedings under the Probate and Administration Act 1898 , Chapter 2 of the Succession Act 2006 or this Part, in relation to the estates of deceased persons, otherwise than--

(a) on the hearing of proceedings for contempt, or

(b) on the hearing of an application for an order authorising a will to be made or altered, or for a will or part of a will to be revoked, by a minor, or

(c) on the hearing of an application for an order authorising a will to be made or altered, or for a will or part of a will to be revoked, on behalf of a person who lacks testamentary capacity, or

(d) on the hearing of an application for leave to make an application referred to in paragraph (c), or

(e) on the hearing of an application for an order under section 67 or 89 of the Probate and Administration Act 1898 , or

(f) on the hearing of contested proceedings for--

(i) the grant of probate or administration, or

(ii) the resealing of a foreign grant, or

(iii) the rectification of a will, or

(iv) the determination of whether an interested witness can benefit under a will, or

(v) the determination of whether an informal testamentary document forms the deceased's will, an alteration of the deceased's will or a full or partial revocation of the deceased's will, or

(vi) an order under section 68, 84 or 84A (1) of the Probate and Administration Act 1898 , or

(vii) an order under rule 51 or 71.

(2) If the Court refers any matter to the registrar, the registrar may exercise the functions of the Court in respect of that matter.

(3) The registrar may exercise the functions of the Court in respect of--

(a) proceedings for the revocation of a grant of probate in common form where the grant was made in error, and

(b) proceedings for the revocation of a grant of probate where the application for revocation is not contested, and

(c) proceedings for the passing of accounts, or the allowance of commission, under Division 11, and

(d) proceedings under section 21 of the Status of Children Act 1996 for a declaration of parentage in connection with uncontested proceedings for the grant of probate or administration, or for the resealing of a foreign grant.