Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 738

Notice in probate action
(1)  A party opposing a will in a probate action may give notice to the party setting up the will that the opposing party –
(a) merely requires the will to be proved in a solemn form of law; and
(b) intends only to cross-examine the witnesses produced in support of the will.
(2)  Notice under subrule (1) is to be filed and given with the defence.
(3)  A party opposing a will who has given notice –
(a) may cross-examine the witnesses produced in support of the will but may not adduce evidence in opposition to the will; and
(b) is not liable to pay the costs of the other side, unless the Court is of opinion that there was no reasonable ground for opposing the will.



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