15Reserving leave to apply for probate

15 Reserving leave to apply for probate

(1)  Unless otherwise directed by the Court, a judge or the Registrar, a notice reserving leave to apply for probate at some later time will have the effect of reserving the entitlement of an executor of a deceased's estate to apply for probate if the notice is –

(a) filed with the Court; and

(b) in an approved form.

(2)  A notice reserving leave filed under subrule (1) need not be provided if the executor to whom leave may be reserved is –

(a) a minor; or

(b) a person in relation to whom the Court or a judge has made an order to the effect that the person is temporarily incapable of performing the functions of an executor.

(3)  Unless subrule (4) applies, a person –

(a) who has reserved leave to apply for probate at some later time in accordance with subrule (1) ; or

(b) is referred to in subrule (2)(a) or (b) ; or

(c) on whose behalf leave has been reserved in accordance with rule 16(1)  –

may apply for a grant in accordance with these Rules of Court.

(4)  If a person –

(a) has reserved leave to apply for probate at some later time in accordance with subrule (1) ; or

(b) is a person referred to in subrule (2)(a) or (b) ; or

(c) has had leave to apply for probate at some later time reserved in accordance with rule 16(1) on his or her behalf –

and there is a dispute as to that person's entitlement to apply for probate, such a person must apply to the Court or a judge for an order giving leave to the person to apply for probate.