Western Australian Current Regulations Western Australian Current RegulationsForm 1
AFFIDAVIT OF ATTESTING WITNESS (WHERE REQUISITE)
In the Will of
, late of
,
deceased.
I, , of
, in the
State of Western Australia, being duly sworn,
make oath and say as
follows: —
1. I am one of the subscribing witnesses to the
last will and testament of
the
said late of
, deceased, bearing date the day of
, 19 , and produced and shown to me and marked ‘A’.
2. The said testator executed the said will on the
day of the date thereof, by signing his name at the foot or end thereof, as
the same now appears thereon, in the presence of me and of
the other
subscribed witness thereto, both of us being present at the same time and we
thereupon attested and subscribed the said will in the presence of the said
testator.
Sworn by the deponent, this day of
19 ,
at , before
me,
Form 2
SURETY’S GUARANTEE
Whereas (1) of
(2) died on the
day of
19 , and (and )
(3) (hereinafter called
“the administrator(s)”) is/are (4) the intended administrator(s)
of his estate.
Now therefore:
1. I/We (5) of
(and
of ) (5) hereby (jointly and
severally) (6) guarantee that I/We (4) will, when lawfully required to do so
(7) make good any loss which any person interested in the administration of
the estate of the deceased may suffer in consequence of the breach by the
administrator(s) of his/her/their (4) duty —
(a) to
collect and get in the real and personal estate of the deceased and administer
it according to law;
(b) file
an inventory of the estate of the deceased, and pass his accounts relating
thereto within such time, and from time to time, and in such manner as may be
prescribed by the rules or as the Court may order;
(c) when
so required by the Court to deliver up the grant to the Court.
2. The giving of time to the administrator(s) or
any other forbearance or indulgence shall not in any way affect my/our (4)
liability under this guarantee.
3. The liability under this guarantee shall be
continuing and shall be for the whole amount of the loss mentioned in
paragraph 1 above, but (my) (our aggregate) total liability shall not in any
event exceed the sum of $ . (8).
Dated the day of
19 .
Signed, sealed and delivered
by the above‑named in the
presence of
A Commissioner for affidavits
(or other person authorised
by law to administer
an oath) (9)
(The Common Seal of
was hereunto affixed in the
presence of ).
(1) Full name of deceased.
(2) Address of deceased.
(3) Full name(s) and address(es) and
description(s) of proposed administrator(s).
(4) Delete whichever is inapplicable.
(5) Full name(s) address(es) and description(s) of
surety(ies).
(6) Delete if only one surety.
(7) An action on the guarantee may only be brought
with the leave of the Court.
(8) Insert gross value of estate in Western
Australia (unless the Master has directed otherwise).
(9) Attestation is not required in the case of a
corporation.
Form 2A
SURETY’S GUARANTEE ON APPLICATION TO RESEAL
In the Estate of (1)
deceased
Whereas (1) of
(2) died on
the day of
19 , and letters of
administration of his estate were on the
day of 19 ,
granted by the
(3) to (and ) (4) and are about to
be sealed in Western Australia.
Now therefore:
1. I/We (5) of
(and
of ) (6) hereby (jointly
and severally) (7) guarantee
that I/We (5) will, when lawfully required to do
so (8), make good any loss which any person interested in the administration
of the estate of the deceased in Western Australia may suffer in consequence
of the breach by the administrator(s) of his/her/their (5)
duty —
(a) to
collect and get in the real and personal estate of the deceased which is
situated in Western Australia and administer it according to law;
(b) file
an inventory of the estate of the deceased, and pass his accounts relating
thereto within such time, and from time to time, and in such manner as may be
prescribed by the rules or as the Court may order.
2. The giving of time to the administrator(s) or
any other forbearance or indulgence shall not in any way affect my/our (5)
liability under this guarantee.
3. The liability under this guarantee shall be
continuing and shall be for the whole amount of the loss mentioned in
paragraph 1 above, but (my) (our aggregate) total liability shall not in any
event exceed the sum of $ . (9)
Dated the day of
19
Signed, sealed and delivered
by the above‑named in the
presence of
A Commissioner for affidavits
(or other person authorised
by law to administer
an oath) (10)
(The Common Seal of
was hereunto affixed in the
presence of ).
(1) Full name of deceased.
(2) Address of deceased.
(3) Description of Court by which grant was
issued.
(4) Full name(s) and address(es) and
description(s) of administrators.
(5) Delete whichever is inapplicable.
(6) Full name(s) address(es) and description(s) of
surety(ies).
(7) Delete if only one surety.
(8) An action on the guarantee may only be brought
with the leave of the Court.
(9) Insert gross value of estate in Western
Australia (unless the Master has directed otherwise).
(10) Attestation is not required in the case of a
corporation.
Form 3
CAVEAT
Take notice that I (name of caveator in full) of (address and description in
full) claiming interest (state relationship or particulars of interest) in the
estate of ( or under the will of — set out full description)
do hereby demand that nothing be done therein without notice to me.
Take further notice that my address for service is: —
Dated this day of
, 19 .
(Signature of Caveator or his Solicitor . )
Witness:
Form 4
ACCOUNTS OF EXECUTORS AND ADMINISTRATORS
The account of the administration of the estate of the abovenamed deceased by
the Executor(s) (or Administrator) to the
day of , 19 , filed pursuant to
rule 37 of the Non‑contentious Probate Rules 1967
Part A
Receipts
|
Number of Item |
Date |
Particulars |
$ | |
| | |
| ||
|
Total | | | ||
|
Disbursements | ||||
| | | |
$ | |
| | |
Balance | | |
| | |
Totals $ | | |
Part B
PORTION OF ESTATE DISTRIBUTED IN SPECIE
(Set out briefly, with particulars of value for purposes of Probate Duty.)
Part C
PORTION OF ESTATE RETAINED OR REMAINING UNCOLLECTED
(Set out briefly, with particulars of value for purposes of Probate Duty.)
Part D
STATEMENT OF MONEYS AND SECURITIES HELD BY
THE EXECUTOR(S) (OR ADMINISTRATOR)
(Set out particulars of moneys now in hand and investments
made since date of
death.)
Part E
PLAN OF DISTRIBUTION
(Where requisite)
Dated the day of
19 .
Signature(s) of Executor(s) (Administrator).
Form 5
NOTICE OF FILING ACCOUNTS
NOTICE is hereby given that the accounts and plan of distribution in the above
estate have this day been filed in my office, and all persons having any claim
on the said estate, or being otherwise interested therein, are hereby required
to come in before me at my said office on or before the
day of
, 19 , at
o’clock in the noon and inspect the same, and if they shall
think fit object thereto; otherwise if the said accounts be not objected to,
the same will be examined by me and passed according to law.
Dated this day of
, 19 .
Registrar.
[First Schedule amended: Gazette
20 October 1972 p. 4162; 7 October 1977 p. 3606‑7;
14 December 1979 p. 3876; 6 March 1981 p. 895;
12 January 1996 p. 106.]
[Second Schedule deleted: Gazette 27 Nov 2009 p. 4789.]
This is a compilation of the Non-contentious Probate Rules 1967 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
Compilation table
|
Citation |
Published |
Commencement |
|---|
|
11 Sep 1967 p. 2249-64 |
12 Oct 1967 (see r. 1) | |
|
Untitled rules |
18 Dec 1970 p. 3815 |
1 Jan 1971 (see r. 1) |
|
Untitled rules |
20 Oct 1972 p. 4159-62 |
1 Nov 1972 (see r. 1) |
|
Untitled rules |
23 Feb 1973 p. 531 |
23 Feb 1973 |
|
Untitled rules |
30 Mar 1973 p. 818 |
30 Mar 1973 |
|
Reprinted in Gazette 7 Aug 1973 p. 2985-3004 | ||
|
Untitled rules |
7 Dec 1973 p. 4487 |
1 Jan 1974 (see r. 1) |
|
Untitled rules |
7 Oct 1977 p. 3604-7 |
1 Dec 1977 (see r. 1 and Gazette 11 Nov 1977 p. 4193) |
|
Supreme Court (Miscellaneous Amendments) Rules 1979 |
14 Dec 1979 p. 3869-76 |
11 Feb 1980 (see r. 1 and Gazette 8 Feb 1980 p. 383) |
|
Untitled rules |
1 Aug 1980 p. 2560-1 |
1 Sep 1980 (see r. 2) |
|
Untitled rules |
6 Mar 1981 p. 895-993 |
6 Mar 1981 (see r. 1(1)) |
|
Untitled rules |
20 Mar 1981 p. 993 |
20 March 1981 (see r. 1(1)) |
|
Reprinted in Gazette 18 May 1981 p. 1513-32 (not including amendments in
Gazette 6 and 20 Mar 1981) | ||
|
Untitled rules |
13 Dec 1985 p. 4764-65 |
1 Jan 1986 (see r. 1(1)) | |
|
Non-contentious Probate Rules Amendment Rules 1986 |
17 Oct 1986 p. 3894-5 |
7 Nov 1986 (see r. 2 and Gazette 7 Nov 1986 p. 4140) | |
|
Reprinted as at 6 Feb 1987 (see Gazette 18 Feb 1987 p. 411-36) | |||
|
Non-Contentious Probate Amendment Rules 1989 |
15 Dec 1989 p. 4520 |
1 Jan 1990 (see r. 2) | |
|
Non-contentious Probate Amendment Rules 1989 |
19 Jan 1990 p. 203-4 (erratum 26 Jan 1990 p. 657) |
26 Jan 1990 (see r. 2 and Gazette 26 Jan 1990 p. 656) | |
|
Non-contentious Probate Amendment Rules 1996 |
12 Jan 1996 p. 106 |
12 Jan 1996 | |
|
Non-contentious Probate Amendment Rules (No. 2) 1996 |
5 Mar 1996 p. 830-1 |
5 Mar 1996 | |
|
Reprinted as at 9 Jun 2000 | |||
|
Equality of Status Subsidiary Legislation Amendment Regulations 2003 Pt. 28 |
30 Jun 2003 p. 2581-638 |
1 Jul 2003 (see r. 2 and Gazette 30 Jun 2003 p. 2579) | |
|
Courts and Legal Practice (Consequential Amendments) Regulations 2005 r. 8 |
19 Apr 2005 p. 1294-302 |
19 Apr 2005 | |
|
Non-contentious Probate Amendment Rules 2009 |
27 Nov 2009 p. 4786-9 |
r. 1 and 2: 27 Nov 2009 (see r. 2(a)); Rules other than r. 1 and 2: 28 Nov 2009 (see r. 2(b)) | |
|
Supreme Court Rules Amendment (Legal Profession) Rules 2022 Pt. 3 |
SL 2022/74 14 Jun 2022 |
1 Jul 2022 (see r. 2(b) and SL 2022/113 cl. 2) |
|
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
Act
2(1)
grant 2(1)
prescribed fee
2(1)
Registrar 2(1)
Registry
2(1)