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These Rules of Court may be cited as the Probate Amendment Rules 2017 .
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Tasmania regulation
These Rules amend the Probate Rules 1936 by replacing Part 1 of the Appendix and updating a cross‑reference (Rule 94). They set specific fees payable to the Court Registrar — tiered charges by gross estate value for grants and resealing, plus fixed fees for provisional assessments, requisitions, searches, filings, caveats and corrections — which executors, administrators, lawyers and other estate representatives must pay when using probate registry services, changing the direct cost of administering estates.
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Direct links to the current provisions in Probate Amendment Rules 2017.
These Rules of Court may be cited as the Probate Amendment Rules 2017 .
These Rules of Court take effect on 1 March 2017.
In these Rules of Court, the Probate Rules 1936 are referred to as the Principal Rules.
Rule 94(1A) of the Principal Rules is amended by omitting "Probate Amendment Rules 2012" and substituting "Probate Amendment Rules 2017".
The Appendix to the Principal Rules is amended by omitting Part I and substituting the following Part:
PART 1 - Fees payable to Registrar
Rule 94
| | Item | Fee($) | | 1. | For provisional assessment of application documentation by Registrar | 150 (per provisional assessment) | | 2. | For a requisition | 50 | | 3. | For granting probate or letters of administration or for resealing a foreign grant – | | | | (a) if the gross value of the estate in Tasmania as stated in the short form affidavit is less than $50 000 | 435 | | | (b) if that gross value is equal to or greater than $50 000 but is less than $250 000 | 785 | | | (c) if that gross value is equal to or greater than $250 000 but is less than $500 000 | 850 | | | (d) if that gross value is equal to or greater than $500 000 but is less than $1 000 000 | 1 070 | | | (e) if that gross value is equal to or greater than $1 000 000 but is less than $2 000 000 | 1 355 | | | (f) if that gross value is equal to or greater than $2 000 000 but is less than $5 000 000 | 1 540 | | | (g) if that gross value is equal to or greater than $5 000 000 | 1 850 | | 4. | For filing an election to administer an estate | 120 | | 5. | Searches, copies or certificates – | | | | (a) for a search | 30 | | | (b) for exemplification | 270 | | | (c) for an office copy of a document | 1 (each page or part of a page) | | | (d) for preparation and certification of certified copies of documents | 50 | | 6. | For lodging a caveat | 50 | | 7. | For correcting a grant where the source of the error was not the Registry | 50 |
A. M. BLOW
Chief Justice
S. E. TENNENT
Puisne Judge
H. M. WOOD
Puisne Judge
S. P. ESTCOURT
Puisne Judge
R. W. PEARCE
Puisne Judge
M. J. BRETT
Puisne Judge
Countersigned,
J. A. CONNOLLY
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 February 2017
These Rules of Court are administered in the Department of Justice.
Rule 94
| | Item | Fee($) | | 1. | For provisional assessment of application documentation by Registrar | 150 (per provisional assessment) | | 2. | For a requisition | 50 | | 3. | For granting probate or letters of administration or for resealing a foreign grant – | | | | (a) if the gross value of the estate in Tasmania as stated in the short form affidavit is less than $50 000 | 435 | | | (b) if that gross value is equal to or greater than $50 000 but is less than $250 000 | 785 | | | (c) if that gross value is equal to or greater than $250 000 but is less than $500 000 | 850 | | | (d) if that gross value is equal to or greater than $500 000 but is less than $1 000 000 | 1 070 | | | (e) if that gross value is equal to or greater than $1 000 000 but is less than $2 000 000 | 1 355 | | | (f) if that gross value is equal to or greater than $2 000 000 but is less than $5 000 000 | 1 540 | | | (g) if that gross value is equal to or greater than $5 000 000 | 1 850 | | 4. | For filing an election to administer an estate | 120 | | 5. | Searches, copies or certificates – | | | | (a) for a search | 30 | | | (b) for exemplification | 270 | | | (c) for an office copy of a document | 1 (each page or part of a page) | | | (d) for preparation and certification of certified copies of documents | 50 | | 6. | For lodging a caveat | 50 | | 7. | For correcting a grant where the source of the error was not the Registry | 50 |
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
These Rules of Court may be cited as the Probate Amendment Rules 2017 .
These Rules of Court take effect on 1 March 2017.
In these Rules of Court, the Probate Rules 1936 are referred to as the Principal Rules.
Rule 94(1A) of the Principal Rules is amended by omitting "Probate Amendment Rules 2012" and substituting "Probate Amendment Rules 2017".
The Appendix to the Principal Rules is amended by omitting Part I and substituting the following Part:
PART 1 - Fees payable to Registrar
Rule 94
| | Item | Fee($) | | 1. | For provisional assessment of application documentation by Registrar | 150 (per provisional assessment) | | 2. | For a requisition | 50 | | 3. | For granting probate or letters of administration or for resealing a foreign grant – | | | | (a) if the gross value of the estate in Tasmania as stated in the short form affidavit is less than $50 000 | 435 | | | (b) if that gross value is equal to or greater than $50 000 but is less than $250 000 | 785 | | | (c) if that gross value is equal to or greater than $250 000 but is less than $500 000 | 850 | | | (d) if that gross value is equal to or greater than $500 000 but is less than $1 000 000 | 1 070 | | | (e) if that gross value is equal to or greater than $1 000 000 but is less than $2 000 000 | 1 355 | | | (f) if that gross value is equal to or greater than $2 000 000 but is less than $5 000 000 | 1 540 | | | (g) if that gross value is equal to or greater than $5 000 000 | 1 850 | | 4. | For filing an election to administer an estate | 120 | | 5. | Searches, copies or certificates – | | | | (a) for a search | 30 | | | (b) for exemplification | 270 | | | (c) for an office copy of a document | 1 (each page or part of a page) | | | (d) for preparation and certification of certified copies of documents | 50 | | 6. | For lodging a caveat | 50 | | 7. | For correcting a grant where the source of the error was not the Registry | 50 |
A. M. BLOW
Chief Justice
S. E. TENNENT
Puisne Judge
H. M. WOOD
Puisne Judge
S. P. ESTCOURT
Puisne Judge
R. W. PEARCE
Puisne Judge
M. J. BRETT
Puisne Judge
Countersigned,
J. A. CONNOLLY
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 February 2017
These Rules of Court are administered in the Department of Justice.
Rule 94
| | Item | Fee($) | | 1. | For provisional assessment of application documentation by Registrar | 150 (per provisional assessment) | | 2. | For a requisition | 50 | | 3. | For granting probate or letters of administration or for resealing a foreign grant – | | | | (a) if the gross value of the estate in Tasmania as stated in the short form affidavit is less than $50 000 | 435 | | | (b) if that gross value is equal to or greater than $50 000 but is less than $250 000 | 785 | | | (c) if that gross value is equal to or greater than $250 000 but is less than $500 000 | 850 | | | (d) if that gross value is equal to or greater than $500 000 but is less than $1 000 000 | 1 070 | | | (e) if that gross value is equal to or greater than $1 000 000 but is less than $2 000 000 | 1 355 | | | (f) if that gross value is equal to or greater than $2 000 000 but is less than $5 000 000 | 1 540 | | | (g) if that gross value is equal to or greater than $5 000 000 | 1 850 | | 4. | For filing an election to administer an estate | 120 | | 5. | Searches, copies or certificates – | | | | (a) for a search | 30 | | | (b) for exemplification | 270 | | | (c) for an office copy of a document | 1 (each page or part of a page) | | | (d) for preparation and certification of certified copies of documents | 50 | | 6. | For lodging a caveat | 50 | | 7. | For correcting a grant where the source of the error was not the Registry | 50 |