ACTIn ForceRegulation
Court Procedures Rules
3113Administration and probate—proof in solemn form
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3113 Administration and probate—proof in solemn form
(1) This rule applies if the court has made a grant in common form of
probate or letters of administration with the will annexed.
Rule 3114
(2) Anyone who claims to have sufficient interest in the administration
of the estate may apply to the court for an order for the personal
representative to bring the grant of representation into the registry.
(3) The court must not make an order under subrule (2) unless satisfied
that the applicant has an interest in the estate or a reasonable prospect
of establishing an interest.
(4) If the court makes an order under subrule (2), the court may also give
the directions it considers appropriate, including directions about the
people to be made parties to the proceeding and about service.
(5) If the court makes an order under subrule (2), the personal
representative must bring the original grant, and all sealed copies of
the grant, into the registry.
Note The grant and sealed copies must be brought into the registry as soon as
possible (see Legislation Act, s 151B (Doing things for which no time is
fixed)) unless the court gives a direction about when they must be brought
into the registry.
(6) As soon as practicable after the court makes an order under subrule
(2), the personal representative must start a proceeding for grant of
representation in solemn form.