55Supporting affidavit for letters of administration upon intestacy

### 55 Supporting affidavit for letters of administration upon intestacy > > (1)  An affidavit in support of an application for letters of administration upon intestacy must be – > > > > > > (a) made by the applicant; and > > > > > > > (b) in an approved form. > > > (2)  In addition to the requirements of [Part 5](#HP5@EN) and [subrule (1)](#GS55@Gs1@EN) , the affidavit in support of an application for letters of administration upon intestacy must contain the following matters: > > > > > > (a) the name, and details of the relationship to the deceased, of the applicant; > > > > > > > (b) if the applicant is a natural person, a statement that he or she has attained the age of 18 years; > > > > > > > (c) the name, and details of the relationship to the deceased, of any person entitled to apply to administer the estate in priority to the applicant; > > > > > > > (d) a statement of such facts as establish the applicant's entitlement to the grant and account for the failure of each person who has an equal or higher priority of entitlement to the grant to apply for the grant; > > > > > > > (e) if – > > > > > > > > > > (i) there has been a consent or renunciation under these Rules by a person entitled to apply to administer the estate; or > > > > > > > > > > > (ii) any special or limited grant is applied for; or > > > > > > > > > > > (iii) leave to pass over a person entitled to apply to administer the estate – > > > > > > > > details of the particular circumstances relevant to the application; > > > > > > > (f) particulars of the date and place of the deceased's death or, if the date of death is not known – > > > > > > > > > > (i) the date on which the deceased was last seen alive; and > > > > > > > > > > > (ii) if known, the date on which the deceased's body was found; > > > > > > > (g) a statement that the deceased left property in Tasmania; > > > > > > > (h) a statement that the applicant is satisfied after careful enquiries and searches that the deceased died without leaving a will, together with full details of the searches that have been made for a will (including searches in other jurisdictions, if appropriate) or the reason for knowing that there is no will; > > > > > > > (i) a statement as to whether or not the deceased had a spouse and particulars of the relationship; > > > > > > > (j) so far as is known to the applicant, the names of any persons having a beneficial interest in the estate in accordance with the provisions of the [Intestacy Act 2010](/view/html/inforce/2026-04-12/act-2010-019) ; > > > > > > > (k) a statement as to whether a person entitled to share in the estate is a minor and the full name and address of any such minor; > > > > > > > (l) a statement as to whether the applicant has made an earlier application under these Rules of Court, or the [Supreme Court Rules 2000](/view/html/inforce/2026-04-12/sr-2000-008) , for a grant in respect of the estate of the deceased in Tasmania and, if such an application has been made, particulars of that application and its outcome; > > > > > > > (m) particulars of the date on which the notice of intention to apply for letters of administration upon intestacy, in respect of the estate of the deceased in Tasmania, as required under [rule 33](#GS33@EN) was published in respect of the application; > > > > > > > (n) an undertaking that, if the applicant obtains the grant, the applicant will administer the estate according to law, and will provide true and just inventories and accounts of the deceased's estate, or deliver up the grant to the Court; > > > > > > > (o) a statement that, if an affidavit made in support of the application is found to be inaccurate or incomplete, the applicant will, as soon as practicable, lodge with the Registrar a further affidavit correcting the inaccuracy or deficiency; > > > > > > > (p) any further statements and particulars relevant to the circumstances and required – > > > > > > > > > > (i) under these Rules of Court; or > > > > > > > > > > > (ii) by the Court, a judge or the Registrar.