Probate Rules 2017
61Notice of intention to apply for reseal
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61 Notice of intention to apply for reseal
(1) In addition to the publication requirements relating to the reseal of a grant contained in section 49 of the Act, a person intending to apply for a reseal of a grant must, at least 14 days before filing the application, also ensure that a notice of intention to apply for a reseal is published on the website maintained by or on behalf of the Court.
(2) The notice of intention to apply for a reseal of a grant published under subrule (1) must include the following information:
(a) the name, including all known aliases, of the person proposing to apply for the reseal;
(b) the name, including all known aliases, of the deceased in relation to whom the reseal is sought;
(c) the address of –
(i) the person proposing to apply for the reseal; and
(ii) the Australian legal practitioner acting for the person in respect of the reseal;
(d) the last known residential address of the deceased;
(e) if the deceased left a will –
(i) the date of the will and of any other testamentary dispositions for which the grant is sought; and
(ii) the names of the people identified in the will as executors of the will;
(f) the relationship of the person proposing to apply for the grant to the deceased in relation to whom the reseal is sought;
(g) a statement that, 14 days after the publication of the notice of intention to apply for a reseal, the proposed applicant intends to apply for a reseal in respect of the deceased estate.
(3) A person proposing to apply for a reseal of a grant must provide to the Registrar an electronic copy of the notice referred to in subrule (1) in an approved form.
(4) After receiving a notice of intention to apply for a reseal of a grant under subrule (1) , the Court, a judge, or the Registrar may require an applicant for a reseal of a grant to perform the following actions: