Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 41

substitute

54     Particulars of objection

    (1)     Within 4 days after the day a direction is given under rule 53, unless the court otherwise orders, the caveator must serve on the party seeking representation—

        (a)     if the objection is to a will—the relevant particulars of objection mentioned in subrule (2); or

        (b)     if the objection is to the grant of administration of intestacy—the relevant particulars of objection mentioned in subrule (3).

    (2)     The particulars of objection to a will are as follows:

        (a)     that there is a later will or the will has been revoked, and the date of the later will or revocation;

        (b)     that the will was not signed by the testator;

        (c)     that the will was not executed in accordance with the Wills Act 1968 ;

        (d)     that the testator lacked testamentary capacity—

              (i)     in the period shortly before and at the time of execution; or

              (ii)     before that period because of mental incapacity, and the date the symptoms first appeared;

        (e)     that a stated person exercised undue influence on the testator.

    (3)     The particulars of objections to grant of administration of intestacy are as follows:

        (a)     that there is a will, and the date of the will;

        (b)     that the person applying does not have the capacity or relationship in which the person seeks administration; or

        (c)     that the caveator or someone else seeking administration has a better right to seek administration, and why;

        (d)     that the proposed administrator is disqualified, and why.