Western Australian Current Regulations

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NON-CONTENTIOUS PROBATE RULES 1967 - REG 9A

9A .         Orders to administer

        (1)         An application by the Public Trustee for an order to administer the estate of a deceased person dying testate shall be supported by an affidavit setting forth — 

            (a)         the information required by rule 8, other than paragraphs (i) and (ix); and

            (b)         the grounds upon which the application is based.

        (2)         An application by the Public Trustee for an order to administer the estate of a deceased person dying intestate shall be supported by an affidavit setting forth — 

            (a)         the information required by rule 9, other than paragraph (i) and paragraphs (vi) to (viii) inclusive;

            (b)         particulars of the persons entitled in distribution to the estate of the intestate, in so far as they are known to the Public Trustee; and

            (c)         the grounds upon which the application is based.

        (3)         An order under section 10 of the Public Trustee Act 1941 , to administer the estate of a deceased person shall reserve to the Court the right to grant probate or administration to any person who shall apply therefor and who might have obtain a grant if the order had not been made.

        (4)         Where an order to administer the estate of a deceased person has been granted to the Public Trustee, a person who applies for probate of the will or administration of the estate of the deceased shall give at least 7 days’ notice in writing to the Public Trustee of the intended application.

        (5)         An application to the Court under section 12 of the Public Trustee Act 1941 , other than an application by the Public Trustee, shall be made by summons supported by an affidavit of the facts relied on; and copies of the summons and affidavit shall be served upon the Public Trustee at least 2 clear days before the return day.

        [Rule 9A inserted: Gazette 20 October 1972 p. 4160; amended: Gazette 17 October 1986 p. 3894.]



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