Probate Amendment (Fees) Rules 2004

Probate Amendment (Fees) Rules 2004

We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, Officer of the Order of Australia, 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 .

1.   Short title

These Rules of Court may be cited as the Probate Amendment (Fees) Rules 2004 .

2.   Commencement

These Rules of Court take effect on the seventh day after the day on which their making is notified in the Gazette.

3.   Principal Rules

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

4.   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 oath is less than $50,000	100
	(b) if that gross value is equal to or greater than $50,000 but is less than $100,000	250
	(c) if that gross value is equal to or greater than $100,000	400
2.	Searches, copies or certificates –
	(a) for search	15
	(b) for exemplification or a certified copy of a document	50
	(c) for preparation and sealing of a certified copy, or an exemplification, of any probate or letters of administration, or for resealing a foreign grant	50

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 21 July 2004

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