Western Australian Current Regulations Western Australian Current Regulations (1) A citation to
accept or refuse a grant may be issued at the instance of any person who would
himself be entitled to a grant in the event of the person cited renouncing his
right thereto.
(2) Where power to
make a grant to an executor has been reserved, a citation calling on him to
accept or refuse a grant may be issued at the instance of the executors who
have proved the will or of the executors of the last survivor of deceased
executors who have proved.
(3) A citation calling
on an executor who has intermeddled in the estate of the deceased to show
cause why he should not be ordered to take a grant may be issued at the
instance of any person interested in the estate at any time after the
expiration of 6 months from the death of the deceased; but no citation to
take a grant shall issue while proceedings as to the validity of the will are
pending.
(4) A person cited who
is willing to accept or take a grant may apply ex parte to the Registrar for a
grant on filing an affidavit showing that he has filed a notification of his
intention to be heard and that he has not been served by the citor with notice
of any application for a grant to himself.
(5) Where the time
limited for filing a notification of intention to be heard has expired and the
person cited has not filed a notification, the citor may —
(a) in
the case of a citation under subrule (1), apply to the Registrar for a grant
to himself;
(b) in
the case of a citation under subrule (2), apply to the Registrar for an order
that a note be made on the grant that the executor to whom power was reserved
has been duly cited and has not filed a notification of his intention to be
heard and that all his rights in respect of the executorship have wholly
ceased;
(c) in
the case of a citation under subrule (3), apply to the Registrar by summons
(which shall be served on the person cited) for an order requiring that person
to take a grant within a specified time.
(6) An application
under subrule (5) shall be supported by an affidavit showing that the citation
was duly served and that the person cited has not filed a notification of his
intention to be heard.
(7) Where the person
cited has filed a notification of his intention to be heard but has not
applied for a grant under subrule (4), or has failed to prosecute his
application with reasonable diligence, the citor may —
(a) in
the case of a citation under subrule (1), apply by summons to the Registrar
for an order for a grant to himself;
(b) in
the case of a citation under subrule (2), apply by summons to the Registrar
for an order striking out the notification of intention to be heard and for
the endorsement on the grant of such a note as is mentioned in subrule (5)(b);
(c) in
the case of a citation under subrule (3), apply by summons to the Registrar
for an order requiring the person cited to take a grant within a specified
time;
and the summons shall
be served on the person cited.
[Rule 30 amended: Gazette
14 December 1979 p. 3876.]