Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 11 OF 1996) - SCHEDULE

    SCHEDULE     Rule 9

PART I

FORM 1

    NOTICE OF INTENDED APPLICATION FOR PROBATE     O. 72 r. 3

IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL
TERRITORY

PROBATE JURISDICTION

    In the Estate of ( name ), late of ( last address, occupation ), deceased

Application will be made not earlier than 14 days after the publication of this notice that probate of the will dated ( date ) *[and codicil/s dated ( date/s )] of the abovenamed deceased be granted to ( name/s ), the executor/s named in the will *[and codicil/s].

All notices may be served at the address below.

Creditors of the estate of the deceased are required to send particulars of their claims to:

( name of applicant or applicant's solicitor )

( address )

*( Delete if inapplicable )

    FORM 2     O. 72 r. 3

NOTICE OF INTENDED APPLICATION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

[ Heading as in Form 1 ]

    In the Estate of ( name ), late of ( last address, occupation ), deceased

Application will be made not earlier than 14 days after the publication of this notice that letters of administration with the will dated ( date ) *[and codicil/s dated ( date/s )] annexed of the estate of the abovenamed deceased be granted to ( name ) for the reason that ( reason ).

All notices may be served at the address below.

Creditors of the estate of the deceased are required to send particulars of their claims to:

( name of applicant or applicant's solicitor )

( address )

*( Delete if inapplicable )

    FORM 2A     O. 72 r. 3

NOTICE OF INTENDED APPLICATION FOR LETTERS OF ADMINISTRATION

[ Heading as in Form 1 ]

    In the Estate of ( name ), late of ( last address, occupation ), deceased

Application will be made not earlier than 14 days after the publication of this notice that letters of administration of the estate of the abovenamed deceased be granted to ( name ), *[the ( relationship ) of the deceased].

All notices may be served at the address below.

Creditors of the estate of the deceased are required to send particulars of their claims to:

( name of applicant or applicant's solicitor )

( address )

*( Delete if inapplicable )

    FORM 3     O. 72 r. 4

NOTICE OF INTENDED APPLICATION FOR RESEAL OF FOREIGN GRANT

[ Heading as in Form 1 ]

    In the Estate of ( name ), late of ( last address, occupation ), deceased

Application will be made not earlier than 14 days after the publication of this notice that *[probate of the will/ letters of administration of the estate/ an order to collect and administer the estate] of the abovenamed deceased granted by ( name of court ) to ( name ) be sealed with the seal of this Court.

All notices may be served at the address below.

Creditors of the estate of the deceased are required to send particulars of their claims to:

( name of applicant or applicant's solicitor )

( address )

*( Delete whichever is inapplicable )

    FORM 3A     O. 72 r. 5

APPLICATION FOR PROBATE

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

Application is hereby made to the Registrar that probate of the will dated ( date ) *[and codicil/s dated ( date/s )] of the abovenamed deceased be granted to ( name/s ), the executor/s named in the will *[and codicil/s].

The address for service of all notices in this matter is ( address ).

Dated:

( name of applicant or applicant's solicitor )

*( Delete if inapplicable )

    FORM 3B     O. 72 r. 5

APPLICATION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

Application is hereby made to the Registrar that letters of administration with the will dated ( date ) *[and codicil/s dated ( date/s )] annexed of the estate of the abovenamed deceased be granted to ( name ) for the reason that ( reason ).

The address for service of all notices in this matter is ( address ).

Dated:

( name of applicant or applicant's solicitor )

*( Delete if inapplicable )

    FORM 3C     O. 72 r. 5

APPLICATION FOR LETTERS OF ADMINISTRATION

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

Application is hereby made to the Registrar that letters of administration of the estate of the abovenamed deceased be granted to ( name ), *[the ( relationship ) of the deceased] *[and that the requirement for an administration bond be dispensed with in respect of *[a portion of] the estate].

The address for service of all notices in this matter is ( address ).

Dated:

( name of applicant or applicant's solicitor )

*( Delete if inapplicable )

    FORM 3D     O. 72 r. 5

APPLICATION FOR RESEAL OF FOREIGN GRANT

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

Application is hereby made to the Registrar that *[probate of the will/ letters of administration of the estate/ an order to collect and administer the estate] of the abovenamed deceased granted by ( name of court ) to ( name ) be sealed with the seal of this Court.

The address for service of all notices in this matter is ( address ).

Dated:

( name of applicant or applicant's solicitor )

*( Delete whichever is inapplicable )

    FORM 3E     O. 72 r. 6

AFFIDAVIT OF APPLICANT FOR PROBATE

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

On ( date ) I, ( name ) of ( address ) say on oath:

1     The document dated ( date ) signed in the margin by me and by the person before whom this affidavit is sworn is, I believe, the last will of the abovenamed deceased.

2     I am *[the/an] executor named in the will and I have attained the age of 18 years.

3     I believe that the will has not been revoked and I am not aware of the existence of any other document purporting to embody the testamentary intentions of the deceased *[except for ( description of document )].

4     My means of identifying the will are ( means of identification ).

5     The attesting witnesses to the will are ( name ) and ( name ).

6     *[The other executor/s named in the will *[is/are] ( name/s and, if known, address/es ).

7     *[The reason/s why the other executor/s named in the will *[is/are] not applying for probate *[is/are] ( reason/s )].

8     The deceased died on ( date ).

9     I believe that the deceased is ( name as in certificate ) referred to in the certificate of registration of death annexed and marked “A”.

10     The deceased *[did/did not] marry after the will was made *[namely, to ( name ) on ( date )].

11     *[The deceased's marriage to ( name ) was terminated after the will was made, namely, on ( date )].

12     *[The deceased had attained the age of 18 years when the will was made./ The will was made in reliance on section 8 of the Wills Act 1968 .]

13     The deceased *[left/did not leave] property within the Australian Capital Territory.

14     **[I believe that the deceased considered that *[his/her] domicile was in the Australian Capital Territory. The reason for my belief is ( reason ).]

15.     An inventory of all property of the deceased of which I am presently aware is annexed and marked “B”. I will disclose to the Court any other property of the deceased which comes to my notice.

16     The estate has a gross value of $ ( amount ).

17     If I am granted probate of the will of the deceased I will administer the estate according to law and if required I will give a true account of my administration of the estate to the Registrar.

18     Notice of intention to make this application was published on ( date ) in the ( name ) which is a daily newspaper published and circulating within the Australian Capital Territory. A copy of the notice as published is annexed and marked “C”.

SWORN at         )

Before me         )

*( Delete if, or whichever is, inapplicable )

** ( Delete if deceased left property within the Australian Capital Territory )

ANNEXURE “B”

INVENTORY OF PROPERTY

    of the estate of ( name ) of ( last address, occupation ), deceased

Description     Estimated or known value

( description sufficient to     $

identify property )     ( amount )

    ( total )

    FORM 3F     O. 72 r. 12

AFFIDAVIT OF APPLICANT FOR ADMINISTRATION WITH WILL ANNEXED

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

On ( date ) I, ( name ) of ( address ) say on oath:

1     The document dated ( date ) signed in the margin by me and by the person before whom this affidavit is sworn is, I believe, the last will of the abovenamed deceased.

2     I have attained the age of 18 years *[and I am ( relationship ) of the deceased].

3     I believe that the will has not been revoked and I am not aware of the existence of any other document purporting to embody the testamentary intentions of the deceased *[except for ( description of document )].

4     My means of identifying the will are ( means of identification ).

5     The attesting witnesses to the will are ( name ) and ( name ).

6     *[The executor/s named in the will *[is/are] ( name/s and, if known, address/es ).

7     *[The reason/s why the executor/s named in the will *[is/are] not applying for probate *[is/are] ( reason/s )].

8     The deceased died on ( date ).

9     I believe that the deceased is ( name as in certificate ) referred to in the certificate of registration of death annexed and marked “A”.

10     The deceased *[did/did not] marry after the will was made *[namely, to ( name ) on ( date )].

11     *[The deceased's marriage to ( name ) was terminated after the will was made, namely, on ( date )].

12     *[The deceased had attained the age of 18 years when the will was made./ The will was made in reliance on section 8 of the Wills Act 1968 .]

13     The deceased *[left/did not leave] property within the Australian Capital Territory.

14     **[I believe that the deceased considered that *[his/her] domicile was in the Australian Capital Territory. The reason for my belief is ( reason ).]

15     *[I am a creditor of the estate. Particulars of the debt are *[as follows: ( particulars of debt )/ set out in the annexed document marked “B”.]]

16     An inventory of all property of the deceased of which I am presently aware is annexed and marked “C”. I will disclose to the Court any other property of the deceased which comes to my notice.

17     The estate has a gross value of $ ( amount ).

18     If I am granted administration of the estate of the deceased I will administer the estate according to law and if required I will give a true account of my administration of the estate to the Registrar.

19     Notice of intention to make this application was published on ( date ) in the ( name ) which is a daily newspaper published and circulating within the Australian Capital Territory. A copy of the notice as published is annexed and marked “D”.

SWORN at         )

Before me         )

*( Delete if, or whichever is, inapplicable )

** ( Delete if deceased left property within the Australian Capital Territory )

    ANNEXURE “C”

    INVENTORY OF PROPERTY

    of the estate of ( name ) of ( last address, occupation ), deceased

Description     Estimated or known value

( description sufficient to     $

identify property )     ( amount )

    ( total )

    FORM 3G     O. 72 r. 14

AFFIDAVIT OF APPLICANT FOR ADMINISTRATION

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

On ( date ) I, ( name ) of ( address ) say on oath:

1     The abovenamed deceased died on ( date ).

2     I have attained the age of 18 years *[and I am ( relationship ) of the deceased].

3     I believe that the deceased is ( name as in certificate ) referred to in the certificate of registration of death annexed and marked “A”.

4     I believe that the deceased did not leave a will and I am not aware of the existence of any other document purporting to embody the testamentary intentions of the deceased *[except for ( description of document )].

5     The following steps have been taken to ascertain whether the deceased left a will or whether there is any other document purporting to embody the testamentary intentions of the deceased:

    ( description of searches, enquiries, etc. )

6     At the time of *[his/her] death the deceased was *[not married/ married to ( name )].

7     The deceased *[left/did not leave] property within the Australian Capital Territory.

8     **[I believe that the deceased considered that *[his/her] domicile was in the Australian Capital Territory. The reason for my belief is ( reason ).]

9     The following persons are entitled to share in the administration or distribution of the estate:

    ( in respect of each such person—name, address, age, relationship to the deceased and entitlement — supporting certificates or other documents to be annexed )

10     *[I am a creditor of the estate. Particulars of the debt are *[as follows: ( particulars of debt )/ set out in the annexed document marked “B”.]]

11     I am not an undischarged bankrupt and I have not assigned or encumbered my interest in the estate.

12     An inventory of all property of the deceased of which I am presently aware is annexed and marked “C”. I will disclose to the Court any other property of the deceased which comes to my notice.

13     The estate has a gross value of $ ( amount ).

14     If I am granted administration of the estate of the deceased I will administer the estate according to law and if required I will give a true account of my administration of the estate to the Registrar.

15     Notice of intention to make this application was published on ( date ) in the ( name ) which is a daily newspaper published and circulating within the Australian Capital Territory. A copy of the notice as published is annexed and marked “D”.

SWORN at         )

Before me         )

*( Delete if, or whichever is, inapplicable )

** ( Delete if deceased left property within the Australian Capital Territory )

    ANNEXURE “C”

    INVENTORY OF PROPERTY

    of the estate of ( name ) of ( last address, occupation ), deceased

Description     Estimated or known value

( description sufficient to     $

identify property )     ( amount )

    ( total )

    FORM 3H     O. 72 r. 6, 12 and 14

AFFIDAVIT OF SEARCH

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

On ( date ) I, ( name ) of ( address ) say on oath:

I have searched in the Office of the Registrar of this Court today and find as follows:

1     No caveat against the application for the grant of *[probate of the will of/ administration of the estate of] the abovenamed deceased has been lodged.

2     No application for the grant of *[probate of the will of/ administration of the estate of] the abovenamed deceased has been made to the Court or the Registrar of Probates.

3     *[Probate of the will of/ Administration of the estate of] the abovenamed deceased has not been granted by the Court or the Registrar of Probates.

SWORN at         )

Before me         )

*( Delete whichever is inapplicable )

PART II

    FORM 16     O. 72 r. 70

GRANT OF PROBATE

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

PROBATE

PROBATE of the will dated ( date ) *[and codicil/s dated ( date/s )] of the abovenamed deceased, *[a true copy/ true copies] of which *[is/are] annexed, is granted to ( name/s ), the executor/s named in the will *[and codicil/s].

Deceased died on ( date ).

Estate sworn under ($ value ).

Dated:

By the Court

Registrar

*( Delete if, or whichever is, inapplicable )

    FORM 17     O. 72 r. 70

GRANT OF LETTERS OF ADMINISTRATION WITH WILL ANNEXED

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

LETTERS OF ADMINISTRATION WITH WILL ANNEXED

LETTERS OF ADMINISTRATION with the will dated ( date ) *[and codicil/s dated ( date/s )] annexed of the estate of the abovenamed deceased,*[a true copy/ true copies] of which *[is/are] annexed, are granted to ( name ).

Deceased died on ( date ).

Estate sworn under ($ value ).

Dated:

By the Court

Registrar

*( Delete if, or whichever is, inapplicable )

    FORM 18     O. 72 r. 70

GRANT OF LETTERS OF ADMINISTRATION

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

LETTERS OF ADMINISTRATION

LETTERS OF ADMINISTRATION of the estate of the abovenamed deceased are granted to ( name ).

Deceased died on ( date ).

Estate sworn under ($ value ).

Dated:

By the Court

Registrar

    FORM 19     O. 72 r. 70

RESEAL OF FOREIGN GRANT

[ Heading as in Form 1 ]

No. P of 19 .
    In the Estate of ( name ), late of ( last address, occupation ), deceased

RESEAL OF *[PROBATE/ LETTERS OF ADMINISTRATION/ ORDER TO COLLECT AND ADMINISTER]

*[PROBATE of the will/ LETTERS OF ADMINISTRATION of the estate/ ORDER to collect and administer the estate] of the abovenamed deceased granted by ( name of court ) to ( name ), a true copy of which is annexed, is SEALED with the seal of this Court.

Deceased died on ( date ).

Estate sworn under ($ value ).

Dated:

By the Court

Registrar

*( Delete whichever is inapplicable )