TASIn ForceRegulation
Probate Rules 2017
62Supporting affidavit for reseal
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### 62 Supporting affidavit for reseal
> > (1) An application under [Part VI](/view/html/inforce/2026-04-12/act-1935-038#HPVI@EN) of the Act for the reseal of a grant must be accompanied by an affidavit in support of that application –
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> > > > (a) made by –
> > > >
> > > > > > (i) all executors or administrators therein named within the meaning of that Part; or
> > > > >
> > > > > > (ii) an attorney in respect of each executor or administrator therein named; and
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> > > > (b) in an approved form.
>
> > (2) In addition to the requirements of [subrule (1)](#GS62@Gs1@EN) , the affidavit in support of an application under [Part VI](/view/html/inforce/2026-04-12/act-1935-038#HPVI@EN) of the Act must contain the following matters:
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> > > > (a) the name, and details of the relationship to the deceased, of the applicant;
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> > > > (b) if the applicant is a natural person, a statement that he or she has attained the age of 18 years;
> > >
> > > > (c) a statement of the capacity in which the applicant has applied for a reseal;
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> > > > (d) if the applicant is the attorney of the executor or administrator of the estate, a statement that the attorney is duly authorised by the power of attorney of the executor or administrator to apply to the Court for the sealing of the grant;
> > >
> > > > (e) 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
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> > > > > > (ii) if known, the date on which the deceased's body was found;
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> > > > (f) particulars of the jurisdiction in which the deceased was domiciled at the date of his or her death;
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> > > > (g) a statement that the deceased left property in Tasmania;
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> > > > (h) a statement identifying the grant of probate (or letters of administration of the estate) issued by a foreign court, to which the application relates, stating the date on which the grant was issued and the particulars of the Court that issued the grant;
> > >
> > > > (i) 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 the reseal of 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;
> > >
> > > > (j) particulars of the date on which the notice of intention to apply for the reseal of the grant, in respect of the estate of the deceased in Tasmania, as required under [rule 61](#GS61@EN) was published in respect of the application;
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> > > > (k) a statement that –
> > > >
> > > > > > (i) a public notice in accordance with [section 49](/view/html/inforce/2026-04-12/act-1935-038#GS49@EN) of the Act was published in the *Gazette* and in two newspapers published in different parts of Tasmania and giving particulars of the dates of publication; and
> > > > >
> > > > > > (ii) 14 days has elapsed since that notice was so published;
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> > > > (l) an undertaking that, if the applicant obtains a reseal of a grant in respect of the estate of the deceased in Tasmania, the applicant will administer the estate according to law, and, if required by the Court, will provide true and just inventories and accounts of the deceased's estate, or deliver up the reseal to the Court;
> > >
> > > > (m) a statement that, if an affidavit 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;
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> > > > (n) any further statements and particulars relevant to the circumstances and required –
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> > > > > > (i) under these Rules of Court; or
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> > > > > > (ii) by the Court, a judge or the Registrar.