34Application for grant

34 Application for grant

(1)  Unless otherwise directed by the Court, a judge or the Registrar, an application for a grant must be commenced by application in an approved form.

(2)  An application for a grant must include the following annexures or exhibits:

(a) if there is a will –

(i) an unstapled photocopy of the original will on A4-size paper; and

(ii) an affidavit in support of the application for a grant in accordance with Part 6 ; and

(iii) any other document required under Part 6 ;

(b) if the deceased was intestate –

(i) an affidavit in support of the application for a grant in accordance with Part 7 ; and

(ii) any other document required under Part 7 ;

(c) such other affidavits and annexures as required by these Rules of Court, or as otherwise required by the Court, a judge or the Registrar.

(3)  Unless otherwise directed by the Court, a judge or the Registrar, an application for a grant need not be served on any person.

(4)  If there is another person who has an entitlement to apply for the grant that is equal or has priority to the entitlement of the person making an application under this rule, the other person must request for a citation to issue under rule 85 prior to the application being made, unless the other person has, under Part 3  –

(a) consented to the grant; or

(b) reserved leave, or had leave reserved on his or her behalf; or

(c) renounced his or her entitlement to apply for a grant.