Western Australian Current Regulations Western Australian Current Regulations (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.]