Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 88.25

Evidence and documents in applications for administration with will annexed

    (1)     An application for administration with the will annexed shall be supported by:

        (a)     the affidavits and documents, so far as appropriate, referred to in rule 88.24; and

        (b)     the affidavits and documents which, if the application were an application for probate of the will, would be required by:

            (i)     rule 88.23(1)(b)(ii), (iii), (iv) and (v); and

            (ii)     rule 88.23(2), (3) and (9).

    (2)     An affidavit of the applicant under subrule (1) shall be in accordance with Form 88Q.

    (3)     Where a renunciation has been signed by the executor, the renunciation shall be filed with the application for grant.

    (4)     Where the executor named in the will renounces probate in favour of the Public Trustee, in accordance with Form 88R, administration with the will annexed may be granted to the Public Trustee without the consent or citation of a person.

    (5)     The Court may require further evidence (including evidence establishing the value of an asset of, and the amount of a liability of, the deceased) to be furnished, and that further documents be filed, and notices be given.



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