Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 3007

(SCR o 72 r 18; NSW Prob r 24A (3) and (4) and r 25A (3))

    (1)     This rule applies to an application for grant of administration of the estate of a deceased person made by only 1 or some of the people entitled to be administrators of the estate.

Note     See the Administration and Probate Act, s 12 for the people eligible to be administrators.

    (2)     At least 14 days before the day the application is filed in the court, the applicant must serve notice of the application on each person (a "relevant person") who—

    (a)     is a domestic partner or next of kin of the deceased person; and

    (b)     if the person is a next of kin of the deceased person—is an adult; and

    (c)     is not the applicant or 1 of the applicants; and

    (d)     has not consented to the application.

Note 1     If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.

Note 2     For the meaning of domestic partner , see the Legislation Act, s 169.

    (3)     For each relevant person, either—

    (a)     the application must be accompanied by the written consent of the relevant person to the application; or

    (b)     the supporting affidavit for the application must state that the relevant person—

    (i)     has been served with notice of the application in accordance with subrule (2); or

    (ii)     cannot be found.