TASIn ForceRegulation
Probate Rules 2017
88Application for leave to swear to death of person
Start here
Get a plain-English read of 88
Turn the raw legal text into a practical explanation grounded in Probate Rules 2017.
### 88 Application for leave to swear to death of person
> > (1) A person may apply to a judge under the [Supreme Court Rules 2000](/view/html/inforce/2026-04-12/sr-2000-008) for leave to swear to the death of a person alleged to be dead.
>
> > (2) An application made under [subrule (1)](#GS88@Gs1@EN) must be supported by an affidavit setting out the grounds of the application.
>
> > (3) An affidavit made under [subrule (2)](#GS88@Gs2@EN) is to include evidence of –
> >
> > > > (a) the identity of the person alleged to be dead; and
> > >
> > > > (b) the date of death of the person alleged to be dead; and
> > >
> > > > (c) the place of death of the person alleged to be dead; and
> > >
> > > > (d) particulars of every policy of insurance on the life of the person alleged to be dead; and
> > >
> > > > (e) the means of the knowledge of the deponent of these matters –
> >
> > to the satisfaction of the Registrar, the Court or a judge.