Probate Amendment Rules 200014 July 2000
We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, the Honourable EWAN CHARLES CRAWFORD and the Honourable PIERRE WILLIAM SLICER, 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 and the Administration and Probate Act 1935 .
These rules may be cited as the Probate Amendment Rules 2000 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules, the Probate Rules 1936 are referred to as the Principal Rules.
4. Rule 22 amended (Priority of right to grant, where no will)
Rule 22 of the Principal Rules is amended by omitting paragraph (a) and substituting the following paragraph:(a) the husband or wife, or de facto husband or de facto wife, for whom the whole or any part of the residuary estate of the intestate is to be held in trust;
Part III of the Appendix to the Principal Rules is amended by inserting the following forms after Form XXII:Form XXIIAForm XXIIB
W. J. E. COX
Chief Justice
P. G. UNDERWOOD
Puisne Judge
E. C. CRAWFORD
Puisne Judge
P. W. SLICER
Puisne Judge
Countersigned,
I. G. RITCHARD
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 26 July 2000
These Rules of Court are administered in the Department of Justice and Industrial Relations.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules amend the Probate Rules 1936 consequent on recent changes to the Administration and Probate Act 1935 which accorded de facto spouses certain rights of succession in cases of intestacy by –(a) providing that where a person dies wholly intestate a de facto spouse has the same priority of right to a grant of administration as a legal spouse; and(b) prescribing new forms of administrator's oath.