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Administration and Probate Act 1969
17When probate may be issued by Registrar
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17 When probate may be issued by Registrar
(1) Subject to the provisions of this section, probate or administration
may, upon application to the Registrar, supported by affidavits upon
which for the time being the Court would, in the opinion of the
Registrar, grant the probate or administration, be issued by the
Registrar as of course in the name and under the seal of the Court,
and every such probate or administration shall be deemed to have
been granted by the Court.
(2) The Registrar shall not, without an order of the Court, issue probate
of the will, or administration of the estate, of a deceased person:
(a) in any case where a caveat has been lodged;
(b) in any case where there is no direct evidence of the death of
the person but only evidence supporting a presumption of the
death of the person; or
(c) in any case in which it appears to the Registrar to be doubtful
whether the probate or administration should be granted.
Administration and Probate Act 1969 6
(3) Whenever the Court makes an order for the grant of probate or
administration, the probate or administration shall be issued by the
Registrar in the name and under the seal of the Court.