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NON-CONTENTIOUS PROBATE RULES 1967 - REG 6

NON-CONTENTIOUS PROBATE RULES 1967 - REG 6

6 .         Probate and administration generally

        (1)         An application for a grant may be made on motion ex parte to the Registrar in Chambers at any time after 14 days from the death of the deceased; and all papers in support thereof shall be filed in the Registry.

        (2)         An applicant for a grant may be made through a solicitor, or in person by an executor or a person entitled to administration.

        (3)         An applicant for a first grant shall produce a certificate of the death of the deceased, or give a reason, to the satisfaction of the Registrar, why it is not produced.

        (4)         Subrule (3) does not require a certificate of the death of the deceased to be produced where the Public Trustee applies for an order to administer under section 10(1)(f) of the Public Trustee Act 1941 .

        [Rule 6 amended: Gazette 20 October 1972 p. 4159; 14 December 1979 p. 3876.]