Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 22 OF 1996) - SCHEDULE

    SCHEDULE     Rule 7

    FORM 3GA     O. 72 r. 14A

AFFIDAVIT OF APPLICANT 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

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

1     *[Probate of the will/ letters of administration of the estate/ order to collect and administer the estate] of the abovenamed deceased was granted by ( name of court ) to *[me/ ( name )] on ( date ). The grant has not been revoked. A true copy of the grant is annexed and marked “A”.

2     *[I am *[the/a] person to whom *[probate was/ letters of administration were/ the order to collect and administer was] granted.]

3     *[I am authorised, under a power of attorney, by the *[executor of the will/ administrator of the estate] of the abovenamed deceased to make this application. I have not received any notice of revocation of the power of attorney. A true copy of the power of attorney is annexed and marked “B”.]

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

5     An inventory of all property of the estate in the Australian Capital Territory of which I am presently aware is annexed and marked “C”. I will disclose to the Court any other property of the estate in the Australian Capital Territory which comes to my notice.

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

7     If this application is granted 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.

8     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 )

    ANNEXURE “C”

    INVENTORY OF PROPERTY IN THE AUSTRALIAN CAPITAL TERRITORY

    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, 14 and 14A

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/ grant of administration of the estate of/ reseal of a foreign grant of administration of the estate of] the abovenamed deceased has been lodged.

2     No application for the *[grant of probate of the will of/ grant of administration of the estate of/ reseal of a foreign grant 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.]

4     *[A foreign grant of representation of the estate of the abovenamed deceased has not been sealed with the seal of the Court.]

SWORN at         )

Before me         )

*( Delete if, or whichever is, inapplicable )