Western Australian Current Regulations

NON-CONTENTIOUS PROBATE RULES 1967 - REG 9B

9B .         Statement of assets and liabilities to be filed

        (1)         Subject to subrule (3), the affidavit of an applicant for a grant shall exhibit and verify a statement giving particulars of — 

            (a)         all movable property, wherever situated, and all immovable property in Western Australia, comprised in the estate of the deceased;

            (b)         the value at the time of the death of the deceased of the property referred to in paragraph (a); and

            (c)         all debts, wherever situated, owing by the deceased at the time of his death.

        (2)         Subject to subrule (3), the affidavit of an applicant to reseal a grant shall exhibit and verify a statement giving particulars of — 

            (a)         all movable and immovable property in Western Australia comprised in the estate of the deceased;

            (b)         the value at the time of the death of the deceased of the property referred to in paragraph (a); and

            (c)         all debts in Western Australia owing by the deceased at the time of his death.

        (3)         This rule shall not apply where the deceased died before 1 January 1980, or where the applicant is the Public Trustee or a corporation authorised by law to obtain a grant, or where the court or the Registrar, in special circumstances, so directs.

        (4)         A direction under subrule (3) may be given on such terms and subject to such conditions as the Court or Registrar thinks fit.

        [Rule 9B inserted: Gazette 1 August 1980 p. 2560‑1.]