20Affidavit in support of application for administration generally

20 Affidavit in support of application for administration generally

20 Affidavit in support of application for administration generally

(cf former Part 78, rule 24A)

(1) This rule applies to an application for the grant of administration made in respect of the estate of a person who died before 1 March 2010, other than—

(a) an application for the grant of administration with the will annexed, or

(b) an application for the grant of administration made by or on behalf of a de facto partner, or

(c) an application for the grant of administration under section 91 of the Succession Act 2006.

Note—

1 March 2010 was the date on which the provisions of the Probate and Administration Act 1898 referred to in subrule (3) (a) were repealed by the Succession Amendment (Intestacy) Act 2009.

(2) The affidavit in support of an application for the grant of administration made by or on behalf of any person (other than a de facto partner of the deceased) must show that the deceased did not leave a de facto partner for whom the estate, or any part of it, is required to be held under a statutory trust for de facto partners.

(3) In this rule, statutory trust for de facto partners means a trust for the benefit of a de facto partner—

(a) that arises under section 61B (3A) (a) or (3B) (a) or (b) (ii) of the Probate and Administration Act 1898 (as in force before 1 March 2010), or

(b) that, by operation of section 32G (2) of that Act, arises under any other provision of that Act (as so in force).