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Court Procedures Rules
3009Grant of representation—when notice of intention to
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3009 Grant of representation—when notice of intention to
apply to be served on public trustee and guardian
(1) This rule applies to an application for grant of representation of the
estate of a deceased person made by someone other than the public
trustee and guardian if the court has made an order under the
Administration and Probate Act, section 88 (Orders to public trustee
and guardian to collect and administer) for the public trustee and
guardian to collect and administer an estate.
(2) At least 14 days before the day the application is filed, the applicant
must serve notice of the application, and a copy of the supporting
affidavit to accompany the application, on the public trustee and
(3) Either—
(a) the application must be accompanied by the written consent of
the public trustee and guardian to the application; or
public trustee and guardian has been served with notice of the
application in accordance with subrule (2).
(4) To remove any doubt, a copy of the supporting affidavit served under
this rule need not include details about the service of the notice and
the supporting affidavit.