Probate Amendment Rules 201020 December 2010
We, the Honourable Chief Justice Ewan Charles Crawford, and the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, the Honourable Shan Eve Tennent, the Honourable David James Porter and the Honourable Helen Marie Wood, 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 .
These Rules of Court may be cited as the Probate Amendment Rules 2010 .
These Rules of Court take effect on the day on which the Intestacy Act 2010 commences.
In these Rules of Court, the Probate Rules 1936 are referred to as the Principal Rules.
Rule 3A of the Principal Rules is rescinded.
Rule 22 of the Principal Rules is rescinded and the following rule is substituted:22. Priority of right to grant where no will
(1) In this rule –spouse has the same meaning as in the Intestacy Act 2010 .(2) Where a person has died wholly intestate, the priority of right to a grant of administration is to be as follows:(a) a spouse of the deceased;(b) children of the deceased;(c) the issue of any child of the deceased, if –(i) the child of the deceased has failed to survive the deceased person; and(ii) the issue is entitled to a share of the deceased person's estate taking per stirpes;(d) parents of the deceased;(e) brothers and sisters of the deceased, whether or not they share one or both parents;(f) the issue of any brother or sister of the deceased, if –(i) the brother or sister has failed to survive the deceased person; and(ii) the issue is entitled to a share of the deceased person's estate taking per stirpes;(g) grandparents of the deceased;(h) aunts and uncles of the deceased;(i) the issue of any aunt or uncle of the deceased, if –(i) the aunt or uncle has failed to survive the deceased person; and(ii) the issue is entitled to a share of the deceased person's estate taking per stirpes;(j) the State;(k) creditors of the deceased.(3) A person is not entitled to a grant of administration unless he or she has survived the deceased person according to the rules of survivorship within the Intestacy Act 2010 .(4) For the purposes of a priority of right to a grant of administration under this rule, an adopted child and his or her family relationships are to be determined in accordance with section 10 of the Intestacy Act 2010 .
6. Part III of Appendix amended (Forms)
Part III of the Appendix to the Principal Rules is amended by omitting Forms XXII, XXIIA and XXIIB and inserting the following form:
E. C. CRAWFORD
Chief Justice
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
S. E. TENNENT
Puisne Judge
D. J. PORTER
Puisne Judge
H. M. WOOD
Puisne Judge
Countersigned,
E. A. KNIGHT
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 December 2010
These Rules of Court are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule)
These Rules of Court amend the Probate Rules 1936 by updating who has the right to a grant of administration if a person dies intestate.