(1) The Registrar
shall not require a guarantee under section 26 of the Act as a condition
of granting administration except where it is proposed to grant
the use and benefit of another person or where the grant is otherwise limited;
an applicant who appears to the Registrar to be resident elsewhere than in
where a beneficiary is not of full age or capacity; or
where a beneficiary is not resident in Western Australia and has no agent or
or except where the
Registrar considers that there are special circumstances making it desirable
to require a guarantee.
that it is proposed to grant administration in any of the cases mentioned in
paragraphs (a) to (d) inclusive of subrule (1), a guarantee shall not be
required, except in special circumstances, where the applicant or one of the
applicants is —
corporation authorised by the law of Western Australia to obtain a grant; or
(3) A guarantee
entered into by a surety for the purposes of section 26 of the Act shall
be in Form 2.
(4) A guarantee shall
not be required from the Public Trustee or from a person obtaining
administration for the benefit of the State.
(5) Where it is
required, the guarantee shall be by 2 sureties resident in Western Australia
unless the surety is a corporation approved by the Court or the applicant is a
corporation authorised by the law of Western Australia to obtain a grant or
where the Registrar otherwise orders.
(6) Where it is
required, the guarantee shall be for an amount equal to the gross value of the
estate in Western Australia or such reduced or increased amount as the
Registrar orders; and in fixing the amount of the guarantee the Registrar
shall take into account the extent to which the claim of a creditor is secured
over a mortgage or charge of real or personal estate of the deceased.
(7) A surety other
than a corporation shall justify to the satisfaction of the Registrar.
(8) Except where the
surety is a corporation, the guarantee shall be attested by a person
authorised to administer oaths.
[Rule 27 inserted: Gazette
7 Oct 1977 p. 3604‑5; amended: Gazette
14 Dec 1979 p. 3876; 1 Aug 1980 p. 2561;
19 Apr 2005 p. 1297; SL 2022/74 r. 7.]