85Citations generally

85 Citations generally

(1)  A person with an interest in an estate of a deceased may request that the Registrar issue a citation under this Part in respect of the estate.

(2)  A request for a citation under subrule (1) must include –

(a) a draft of the citation; and

(b) an affidavit verifying each statement contained in the citation, or such other information as the Registrar may require.

(3)  A citation must be issued from the Probate Registry and must be settled by the Registrar before being issued.

(4)  Before any citation is issued under this Part, a caveat must be entered to prevent any grant being made in respect of the estate of the deceased to which the citation relates.

(5)  A caveat entered under subrule (4) is to be in an approved form.

(6)  A will referred to in a citation must be lodged at the Probate Registry before the citation is issued unless –

(a) the will is not in the possession of the person issuing the citation; and

(b) the Registrar is satisfied that it is impractical to require it to be lodged before the citation is issued.

(7)  A person who has been cited to appear –

(a) may enter an appearance in an approved form; and

(b) if an appearance is entered by the person, must serve a copy of that appearance on the person issuing the citation, or the Australian legal practitioner acting for the person issuing the citation.