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SUPREME COURT (ADMINISTRATION AND PROBATE) RULES 2014 (SR NO 10 OF 2014) - REG 2.05

Affidavit of searches

    (1)     The application shall also be supported by an affidavit in accordance with this Rule made on the day the application is made—

        (a)     stating—

              (i)     that a search for any other will of the testator in the register of deposited wills maintained by the Registrar has been made and the result of that search;

              (ii)     whether a caveat has been lodged against the making of a grant of representation;

              (iii)     that a search has been made in the office of the Registrar for any previous application for a grant of representation in respect of the estate of the testator and, if a previous application has been made, the details of the application and of its result;

        (b)     stating the date on which the notice of intention to apply was posted on the Court's website in accordance with Rule 2.03(1); and

        (c)     exhibiting a copy of the notice as it appeared on that date on the Court's website.

    (2)     An affidavit under this Rule shall be made by—

        (a)     the applicant;

        (b)     a solicitor who has instructions to conduct the searches referred to in paragraph (1);

        (c)     a person employed by or engaged and authorised by that solicitor;

        (d)     the Melbourne agent of that solicitor who is himself or herself a solicitor;

        (e)     a person employed by or engaged and authorised by that Melbourne agent;

        (f)     if State Trustees is the applicant, a person employed in the office of State Trustees;

        (g)     if a trustee company under the Trustee Companies Act 1984 is the applicant, a person employed by that company; or

        (h)     a clerk in the office of the Registrar acting under Part II of the Act.



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