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Court Procedures Rules
3022Reseal of foreign grant—supporting affidavit for
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3022 Reseal of foreign grant—supporting affidavit for
(1) An affidavit made by a person supporting an application by the person
under the Administration and Probate Act, section 80 must state the
(a) probate of the will, letters of administration of the estate, or an
order to collect and administer the estate, of a deceased person
has been granted or made by a court of competent jurisdiction in
a reciprocating jurisdiction;
(b) the name of the court that made the grant or order and the date
the grant or order was made;
(c) that the grant or order has not been revoked;
(d) whether the applicant is the person to whom the grant was made
or for whom the order was made;
(e) if the applicant is not that person—whether the applicant is
authorised, under a power of attorney, by that person to make
the application and, if so, that the applicant has not been given
notice of revocation of the power of attorney;
(f) whether the deceased person left property in the ACT;
(g) if the deceased left property in the ACT—the estimated gross
value of the property in the ACT;
(g) that, if the application is granted, the applicant will administer
the estate according to law and, if required, will give an account
of the administration to the court;
(h) that notice of intention to make the application was published
online on the ACT Supreme Court website, and the date the
notice was published;
Rule 3023
(i) for each notice required under rule 3021 (4) (Reseal of foreign
grant—notice of intention to apply to be published online etc)—
how the requirement for the notice was complied with.
Note See approved form 3.19 (Affidavit of applicant for reseal of foreign grant)
AF2022-5.
(2) If the supporting affidavit contains statements of information and
belief, the applicant must state the sources of the information and the
reasons for the belief.
(3) the following documents must be annexed to the supporting affidavit:
(a) a copy of the notice (or each notice) required by rule 3021;
(b) an inventory of the property of the estate in the ACT;