Western Australian Current Regulations

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NON-CONTENTIOUS PROBATE RULES 1967 - REG 42

42 .         Will to be engrossed in certain cases

        (1)         Where the Registrar considers that a will or other document required to be copied for the purpose of grant, sealing, or record is unsuitable for photography, he may require an engrossment of the document, suitable for photographic reproduction, to be lodged.

        (2)         Where some of the documents intended to form part of the probate or letters of administration with the will annexed are not suitable for photography, the Registrar may require a copy of the whole of the documents to be made and lodged for that purpose.

        (3)         Where a will or codicil contains alterations not admitted to proof, an engrossment of the will or codicil in the form in which it is proved, shall be lodged.

        (4)         An engrossment lodged pursuant to this rule shall reproduce the punctuation, spacing and division into paragraphs of the will, and shall be legibly and clearly typewritten in pica type on one side only of foolscap paper of durable quality with a quarter margin and not less than 6 millimetres between each line.

        (5)         Where a will or codicil, or any part thereof, is written in pencil, there shall be lodged a facsimile copy of the will or codicil, in which the pencil writings in the original shall be reproduced in red ink. The copy may be made on paper of such size as the Registrar may direct, and shall be kept on the Court file.

        [Rule 42 amended: Gazette 7 December 1973 p. 4487; 14 December 1979 p. 3876; 1 August 1980 p. 2561.]



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