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Court Procedures Rules
3007Grant of administration—notice of intention to apply to be
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3007 Grant of administration—notice of intention to apply to be
served on non-applicant domestic partner or next of kin
(1) This rule applies to an application for grant of administration of the
estate of a deceased person made by only 1 or some of the people
entitled to be administrators of the estate.
Note See the Administration and Probate Act, s 12 for the people eligible to be
administrators.
(2) At least 14 days before the day the application is filed in the court,
the applicant must serve notice of the application on each person (a
relevant person) who—
(a) is a domestic partner or next of kin of the deceased person; and
(b) if the person is a next of kin of the deceased person—is an adult;
and
(c) is not the applicant or 1 of the applicants; and
Rule 3008
(d) has not consented to the application.
Note 1 See approved form 3.10 (Consent to administration of estate)
AF2017-166.
(3) For each relevant person, either—
(a) the application must be accompanied by the consent, by
affidavit, of the relevant person to the application; or
relevant person—
(i) has been served with notice of the application in
accordance with subrule (2); or
(ii) cannot be found.