Probate Amendment Rules 2012

Probate Amendment Rules 2012

5 July 2012

We, 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 and the Administration and Probate Act 1935 .

1.   Short title

These Rules of Court may be cited as the Probate Amendment Rules 2012 .

2.   Commencement

These Rules of Court take effect on 1 August 2012.

3.   Principal Rules

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

4.   Rule 21 amended (Priority of right to grant, where will)

Rule 21(d) of the Principal Rules is amended by omitting “the practitioner representing any” and substituting “the legal personal representative of”.

5.   Rule 94 amended (Fees)

Rule 94(1A) of the Principal Rules is amended by omitting " Probate Amendment Rules 2011 " and substituting " Probate Amendment Rules 2012 ".

6.   Appendix amended

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

PART I - Fees payable to Registrar

Rule 94

	Item	Fee ($)
1.	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	150
	(b) if that gross value is equal to or greater than $50 000 but is less than $250 000	400
	(c) if that gross value is equal to or greater than $250 000	750
2.	Filing an election to administer an estate	120
3.	Searches, copies or certificates –
	(a) for search	25
	(b) for exemplification or a certified copy of a document	80
	(c) for an office copy of a document	2 (each page or part of a page)
	(d) for preparation and sealing of a certified copy, or an exemplification, of any probate or letters of administration, or for resealing a foreign grant	90

A. M. BLOW

Puisne Judge

S. E. TENNENT

Puisne Judge

D. J. PORTER

Puisne Judge

H. M. WOOD

Puisne Judge

Countersigned,

J. A. CONNOLLY

Registrar

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

Notified in the Gazette on 11 July 2012

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 –

(a) increasing the fees payable to the Registrar of the Supreme Court in non-contentious proceedings under the Administration and Probate Act 1935 ; and

(b) revoking a minor amendment made under the Probate Amendment Rules 2011 .