21Evidence in support of application for administration by de facto partner

#### 21 Evidence in support of application for administration by de facto partner 21 Evidence in support of application for administration by de facto partner (cf former Part 78, rule 25A) > > (1) This rule applies to an application for the grant of administration made by or on behalf of a de facto partner of the deceased 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 under section 91 of the [Succession Act 2006](/view/html/inforce/current/act-2006-080). > > > > Note— > > > > 1 March 2010 was the date on which the provisions of the [Probate and Administration Act 1898](/view/html/inforce/current/act-1898-013) referred to in subrule (3) (a) were repealed by the [Succession Amendment (Intestacy) Act 2009](/view/html/repealed/current/act-2009-029). > > > (2) The affidavit in support of an application for the grant of administration made by or on behalf of a de facto partner must show that the estate, or some part of it, is required to be held under a statutory trust for de facto partners. > > > (3) The application must be supported by the written consent of each person who would be entitled to distribution of the estate if the deceased had not left a de facto spouse, or an affidavit of service on such a person of the applicant’s intention to make such an application. > > > (4) The provision of consents and service of notices is to be in accordance with rule 19. > > > (5) 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](/view/html/inforce/current/act-1898-013) (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).