Probate Amendment Rules 2017

Probate Amendment Rules 2017

We, the Honourable Alan Michael Blow, OAM, Chief Justice, and the Honourable Shan Eve Tennent, the Honourable Helen Marie Wood, the Honourable Stephen Peter Estcourt, the Honourable Robert William Pearce and the Honourable Michael Joseph Brett, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932 for the purposes of the Administration and Probate Act 1935 .

1.   Short title

These Rules of Court may be cited as the Probate Amendment Rules 2017 .

2.   Commencement

These Rules of Court take effect on 1 March 2017.

3.   Principal Rules

In these Rules of Court, the Probate Rules 1936 are referred to as the Principal Rules.

4.   Rule 94 amended (Fees)

Rule 94(1A) of the Principal Rules is amended by omitting "Probate Amendment Rules 2012" and substituting "Probate Amendment Rules 2017".

5.   Appendix amended

The Appendix to the Principal Rules is amended by omitting Part I and substituting the following Part:

PART 1 - Fees payable to Registrar

Rule 94

	Item	Fee ($)
1.	For provisional assessment of application documentation by Registrar	150 (per provisional assessment)
2.	For a requisition	50
3.	For granting probate or letters of administration or for resealing a foreign grant –
	(a) if the gross value of the estate in Tasmania as stated in the short form affidavit is less than $50 000	435
	(b) if that gross value is equal to or greater than $50 000 but is less than $250 000	785
	(c) if that gross value is equal to or greater than $250 000 but is less than $500 000	850
	(d) if that gross value is equal to or greater than $500 000 but is less than $1 000 000	1 070
	(e) if that gross value is equal to or greater than $1 000 000 but is less than $2 000 000	1 355
	(f) if that gross value is equal to or greater than $2 000 000 but is less than $5 000 000	1 540
	(g) if that gross value is equal to or greater than $5 000 000	1 850
4.	For filing an election to administer an estate	120
5.	Searches, copies or certificates –
	(a) for a search	30
	(b) for exemplification	270
	(c) for an office copy of a document	1 (each page or part of a page)
	(d) for preparation and certification of certified copies of documents	50
6.	For lodging a caveat	50
7.	For correcting a grant where the source of the error was not the Registry	50

A. M. BLOW

Chief Justice

S. E. TENNENT

Puisne Judge

H. M. WOOD

Puisne Judge

S. P. ESTCOURT

Puisne Judge

R. W. PEARCE

Puisne Judge

M. J. BRETT

Puisne Judge

Countersigned,

J. A. CONNOLLY

Registrar

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 15 February 2017

These Rules of Court are administered in the Department of Justice.